FAQ's Cases - Stewart McKelvey

- 6 -[24] Testimony was received from Debbie Collins-Maskel. She is a social worker with anMSW from 1993 and 29 years of experience. She had five sessions with the plaintiff from July12 to November 23 rd , 2006. She admitted that she had not seen the plaintiff’s records from crisisintervention nor from the doctors, and that she did not know if the plaintiff had been on antidepressantmedications before, if the plaintiff had other than workplace sources of stress, if theplaintiff had a family history of depression, nor if the plaintiff had taken any previous stressleave. Her role, she said, was not to independently verify nor to delve into other areas, but tohelp the plaintiff with the plaintiff’s perception of the workplace. It was apparent that theplaintiff had raised generally the same concerns with her as she had expressed to Dr. Beck andthroughout the trial. Ms. Collins-Maskel did not observe any other reason for the plaintiff’ssymptoms, and said that the plaintiff’s feelings were real.2011 ONSC 2148 (CanLII)[25] Deborah St. Pierre was a witness for the defendant. She is a sister of Roberta Pozniak.She has worked for the defendant intermittently since the early 1980s, leaving the first time dueto unspecified personal reasons, returning to work for the defendant, but leaving again soon afterthe plaintiff did in March, 2007. She had worked over 10 years with the plaintiff. The defendanthas employed her again since March, 2010.[26] She impressed as a reluctant witness, particularly in cross-examination when she oftenappeared content to be indefinite or not to make much effort to recall things. When pressed, heranswers could evolve and change substantially from her initial position.[27] Ms. St. Pierre indicated that she has not always gotten along well with Ms. Pozniak, butthat they have mended their relationship with the help of other family members. Ms. Pozniakhas forgiven her a $10,000 loan that had been the source of some friction between them.[28] Ms. St. Pierre admitted to having supported the plaintiff vis à vis the defendant and tohoping that the plaintiff would succeed in her case in which Ms. St. Pierre was to have been awitness for the plaintiff. However, she said her position had changed in December, 2009 whenshe had “moved on” because it was the plaintiff’s fight, not hers, and life is too short to holdgrudges, especially with family. She denied that it was because of her relationship with Ms.Pozniak, the forgiving by Ms. Pozniak of the loan, or the job.[29] It was clear that Ms. St. Pierre was disinclined to testify to anything that woulddetrimentally affect her sister, Ms. Pozniak.[30] Ms. St. Pierre described the job with the defendant as stressful because of the timelinesinvolved, details to take care of and multi-tasking in a busy office. Ms. Pozniak, who shedescribed as a strict, tough, demanding boss who is harsh at times, expected a lot of people andran a “tight ship”. Walter Pozniak, she said, was a little more mellow.