While the disregard of an exclusion order does not invalidate a witness’ testimony, an inference can be drawn as to the credibility of the evidence

par Ashley Kandestin, stagiaire endroit Degrandpré,Chait In Syndicat des travailleuses et travailleurs del’Hôtel Méridien de Montréal c. Guilbert, 2012 QCCS 1984, theHonorable justice David Collier confirms the fundamental right of a witness toattend a trial and to testify, despite the issuance of an exclusion order. Thedecision is a judicial review of an interlocutory arbitration award rendered byM. Marcel Guilbert. The facts of the case are as follows. Severalemployees of the Hôtel Méridien submitted individual grievances to arbitrationcontesting the termination of their employment. Some months after the union’sapplication to exclude witnesses from the arbitration hearing was granted, oneof the employees who had submitted the initial grievance as well as the formerunion counsel were both summoned to testify. Because these two witnesses hadbeen present throughout the entire hearing, counsel for the employer objectedto the admissibility of their testimonies. M. Guilbert then rendered anarbitration award allowing the objection, thereby excluding their testimonies. In… Lire la suite