There is a new human rights decision out today, and it is not education-related. BUT, there is a part of this decision that I do want to highlight because what this person experiences is something parents need to be aware of. I struggled with disclosure issues. What a fight! Even if they tell you they don’t have documents, make an application anyway! Surprise surprise! It does exist!
Neske v. Sobeys Inc. (No.2), 2026 BCHRT 37
This person was awarded an extra $15,000 for costs due to the respondents withholding evidence weeks before the hearing.
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[156] Ms. Neske alleges that Sobeys engaged in improper conduct by failing to disclose material documents until the weeks leading up to the hearing. She submits that during the dismissal application process, Sobeys selectively withheld key documents pertaining to its discussions about restructuring management in the pharmacy department, and that as a result, her complaint could have been unjustly dismissed. She argues that in the circumstances, Sobeys conduct was reprehensible and deserving of a significant award of costs. She seeks an award in the amount of her legal fees up to the date of the application to dismiss, with the actual amount to be agreed on by the parties. Alternatively, she seeks an order of $15,000.
[157] Sobeys says that costs are not warranted in this case. It submits that the threshold for a finding of improper conduct is high and imports a notion of intentional wrongdoing or culpable action which a reasonable person would know is wrong, and which has a significant and detrimental impact on the hearing. It further submits that there was nothing improper about its disclosure in this case and there has not been any prejudice to Ms. Neske. It says that in its decision to deny Sobeys’ dismissal application, the Tribunal highlighted a lack of information about the elimination of the position, and as a result, Sobeys searched for and identified additional documentation which was disclosed in advance of the hearing.
[158] I am satisfied that an award of costs for improper conduct is appropriate in the present case.
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I had to file so many applications for documents, and then I was getting ridiculous evidence that was just GOLD. Also, I noticed a few months before the hearing, suddenly other documents were being given to me that I was never even aware of. They clearly didn’t want an improper cost awarded for them for only giving them over weeks before the hearing. But if they didn’t give them to me and the hearing occured and it was discovered during questioning that these documents existed, then they’d be in big trouble.
So, what do we do about this?
I have an idea.
This is where we can all work together.
I want to create a list of possible documents parents should request in Freedom of Information Requests or during the document disclosure phase.
Every time I learn of a new possible document, I’ll add it to the list.
I’ll start
- Counselling intake notes or intake form
- Union meeting notes. (When teachers are in trouble, they have a meeting with the principal and often a union representative)
- School-Based Team Meeting Notes
- Student File (The office one, counselling file, LSS file)
- Work safe incident report form
- IEP meeting notes
- Employee file (paper and digital)
- Complaint file at the Teacher’s Regulation Branch
.
Anything else?
Teachers….. what other kind of documents do you all fill out?
I will start a new page with this list when I get some more info for people to refer back to. Let’s go team! Many hands make light work.
EDIT: Suggestions from others
Threat/violence incident reports
Attendance records with reasons for absence listed (many times being sent home is marked as “parent excused”)
All communication between outside agencies and specialists
Raw scores from any formal or informal assessments, including reading screeners
Raw scores from all standardized assessments
Principal incident logs (often maintained outside the student file)
EA logs or daily support notes
Behaviour tracking forms or data collection sheets
Violence Threat Risk Assessment (VTRA) reports
Union grievances
