Case Update #12 – January 2019

First of all, my apologies for my delay with with update.

The case management conference between my lawyer, the lawyer for UBC Mike Wagner, and the Tribunalmember (plus my lawyer’s articling student) took place on Thursday, January 17. They discussed three deficiencies on UBC’s part: 1) UBC’s inadequate efforts to inform the class members in this case that it is actually going on; 2) UBC’s inadequate search for and production of relevant documents; and 3) UBC’s choice to redact names and content from documents produced in disclosure.

UBC never responded to the 20+ page letter sent last year where I described the nature and extent of documents I expected, but did not receive. Nor did it reply to the letter I sent naming the class members who I know of but who did not receive the initial contact notice. Upon prodding from my lawyer, UBC provided a two page reply stating its position that it did everything required. I’ve posted the correspondence on the “Documents” page. (As a reminder, I did not post the May 2018 letters because I decided that they contain too many confidential details.)

At the conclusion of the meeting, the Tribunalmember ordered us to cooperate with respect to the first issue – the missing communications with known class members. Per the order, I am preparing my list of known class members, to whom at UBC they reported sexual misconduct, and contact information. UBC will use my list to investigate what happened and, per the order, provide the initial communication to the women.

There was some forward progress during the discussions. The lawyers agreed to hold multiple discussions over the second and third issues over the next month. I hope to provide a positive update by mid-February on the second and third issues. Since we are negotiating currently, however, I won’t get into the details now.