Jarvis v. The Toronto-Dominion Bank, 2024 ONSC 3853, highlights the delicate balance between protecting an employee’s right to a fair trial and preserving the confidentiality promised to complainants during workplace investigations. Associate Justice Jolley ruled that fairness must prevail in this balancing act, ordering the defendant to disclose the unredacted complaints and investigation reports that formed the basis for the plaintiff's termination for cause.
Case Background
The plaintiff, Gordon Jarvis, brought a wrongful dismissal action against his former employer, TD Bank. The Bank argued that it had just cause for terminating Mr. Jarvis, relying on its investigation into three employee complaints regarding his conduct. Mr. Jarvis then requested access to these complaints, along with the original whistleblower complaint and the full investigation report, which were referenced in the Statement of Defence.
TD Bank complied with the request but redacted the names and identifying information about the employees involved, since it had promised them anonymity during the investigation process. Dissatisfied with this outcome, Mr. Jarvis filed a motion compelling the Bank to produce the unredacted documents.
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