Brian McLean

OLRBOntario Labour Relations BoardJul 4, 2001

Application withdrawn with leave of the Board at the request of the applicants.

The applicants requested to withdraw their application against the Canadian Union of Public Employees and its Local 4000.

The Ontario Labour Relations Board granted leave to withdraw the application.

Andrea Cocks et al. v. The Canadian Union of Public Employees, and its Local 4000, 2001 CanLII 18369

Related employer application dismissed without a hearing as its purpose was to extend bargaining rights.

The applicant trade union filed a related employer application under section 1(4) of the Labour Relations Act, 1995, seeking a declaration that the Toronto Symphony Orchestra and Roy Thomson Hall are related employers.

The responding party brought a motion to dismiss the application without a hearing, arguing there was no labour relations purpose for the declaration.

The Board found that the union's admitted purpose was to extend its bargaining rights to other locations, rather than to preserve existing rights.

Concluding that the application had no reasonable prospect of success, the Board exercised its discretion under Rule 46 to dismiss the application without a hearing on the merits.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 58 v. Toronto Symphony Orchestra, 2001 CanLII 9774

Brian McLean

Board orders employer to pay vacation pay and interest on previously awarded OHSA reprisal damages.

Following a finding that the employer violated the Occupational Health and Safety Act, the Board awarded the applicant three months' pay.

The parties agreed this amounted to $16,250 but disagreed on whether vacation pay and interest were payable.

The employer argued the Board was functus officio.

The Board held it was not functus as it had retained jurisdiction to deal with calculation difficulties, and alternatively could reconsider its decision.

The Board ordered the employer to pay vacation pay and interest, noting these are generally inherent in damages for loss of wages.

Arnold Margulis v. Delphax Systems, 2001 CanLII 10239

Brian McLean

Reconsideration of settlement confirmation denied; failure to appreciate agreed terms is not a valid ground.

The applicant requested a reconsideration of a Board decision that confirmed an oral settlement reached during a hearing.

The applicant argued it did not appreciate the terms of the settlement, specifically regarding the administration fee.

The Board denied the request, finding that a party's failure to appreciate the terms of an agreed settlement is not an appropriate ground for reconsideration.

Thrifty Travel Counsellors Ltd. v. Dan McMahon, 2001 CanLII 10144

Winston G. Mattis

7 cases2000–2005

L. Eisenberg

Amanda Hunter

22 cases1998–2021

Brian McLean

Application for termination pay dismissed; employee's failure to return from vacation constituted wilful misconduct.

The applicant sought review of an employment standards officer's decision not to issue an order for termination pay.

The applicant had travelled to India and failed to return to work on the date required by the employer, claiming she was hospitalized and unable to travel.

The Board found the applicant's evidence lacked credibility and that she had booked her return flight for a date after she was required to be at work, demonstrating a reckless disregard for the employer's direction.

The Board concluded the applicant's actions constituted wilful misconduct and dismissed the application for review.

Jasvir K. Sodhi v. Matrix Logistics Services Limited, 2001 CanLII 6214

Laurie Eisenberg

Brian McLean

OLRBOntario Labour Relations BoardMay 29, 2001

Application for review dismissed; employee terminated for wilful misconduct not entitled to termination pay or additional bonuses.

The applicant sought a review of an employment standards officer's decision denying his claims for termination pay and unpaid bonuses.

The Ontario Labour Relations Board found that the applicant's employment was terminated for wilful misconduct after he attempted to personally profit from a customer transaction and engaged in gross insubordination.

The Board also determined that the employer had calculated and paid the applicant's bonuses in accordance with its established practices.

The application for review was dismissed.

John Benjamin v. Tel-E Connect Systems Ltd., 2001 CanLII 10643

Brian McLean

Preliminary motion to dismiss section 74 complaint for lack of standing and delay deferred to hearing.

The applicant union brought an application under section 96 of the Labour Relations Act, 1995, alleging that the responding party union violated section 74 of the Act.

The responding party raised preliminary arguments that the applicant lacked standing to bring a section 74 complaint and that the application should be dismissed for delay.

The Board declined to dismiss the application without a hearing, noting the novel facts of the case, and referred the matter to the Registrar to be scheduled for consultation.

Toronto Civic Employees’ Union, Local 416, Canadian Union of Public Employees v. The Canadian Union of Public Employees Local Union No. 79, 2001 CanLII 11222

Brian McLean

Reconsideration denied where employer missed hearing due to counsel's scheduling error.

The applicant employer requested a reconsideration of the Board's decision dismissing its application under the Employment Standards Act after it failed to attend the scheduled hearing.

The employer's counsel explained that the failure to attend was due to a scheduling error by a secretary.

The Board declined to reconsider the decision, noting that the other parties had attended and incurred expenses, the Board has no authority to award costs, and parties must bear the consequences of incorrectly diarizing hearing dates.

The application was dismissed and funds held in trust were ordered disbursed to the employee.

Impact Tool & Mould Inc. v. Pigeon, 2001 CanLII 5541

L. Eisenberg

Darryl Diefenbacher

Brian McLean

Employer cannot set off stolen funds against wages without written authorization or a court order.

The employer appealed an Order to Pay issued by an Employment Standards Officer.

The employee had stolen money from the employer and was criminally charged.

The Crown withdrew the charges after the employee's counsel agreed to set off the stolen amount against the Order to Pay.

However, the Board found that this oral agreement did not satisfy the strict exceptions under the Employment Standards Act and its regulations, which require a written authorization or a court order for a set-off.

The Board also determined the employee's entitlement to minimum wage, overtime, and vacation pay, ultimately directing a reduced payment to the employee.

1340423 Ontario Limited o/a Cars For Less - Stayner v. Ian McDonald and Ministry of Labour, 2001 CanLII 5060

Karima Chatur

53 cases1999–2001

Brian McLean

Application for employment standards review dismissed due to applicant's failure to attend the hearing.

The applicant sought an employee review of a decision by an Employment Standards Officer not to make an Order to Pay against the employer.

The matter was scheduled for a hearing, but the applicant failed to attend.

After standing down for 30 minutes as per its usual practice, the Board reconvened and dismissed the application due to the applicant's non-attendance.

Myrt Whittle v. Collect Com Credit Inc. and Ministry of Labour, 2001 CanLII 3480

Laurie Eisenberg

Brian McLean

OLRBOntario Labour Relations BoardMay 18, 2001

Order to pay confirmed; truck driver found to be an employee of the applicant, not an independent contractor.

The applicant sought review of an Order to Pay under the Employment Standards Act, arguing that a truck driver was an employee of a trucking agency rather than the applicant.

The Board found that the driver worked full-time for the applicant, drove a truck supplied by the applicant, and that the trucking agency was likely a sham established to avoid employment obligations.

The Board concluded the driver was an employee of the applicant.

Furthermore, the Board found that the applicant was not permitted to withhold wages as a set-off under section 8 of the Act, as there was no statutory requirement, court order, or written authorization permitting it.

The Order to Pay was confirmed.

1306305 Ontario Inc. o/a Speedex Communications & Speedex Transfer & Cartage v. Ranu Express, 2001 CanLII 19299

Brian McLean

OLRBOntario Labour Relations BoardMay 17, 2001

Employer ordered to pay $3,510.72 in termination and vacation pay following employment standards review.

The applicant sought a review of an employment standards officer's decision not to issue an order to pay against her former employer.

The Board had previously determined the applicant was entitled to termination pay and denied the employer's request for reconsideration.

In this decision, the Board determined the quantum of wages owing based on the materials filed.

The Board found the applicant was entitled to 8 weeks' termination pay and 6% vacation pay, ordering the employer to pay a total of $3,510.72.

Ruth Brown v. Canadian Tire Corp., 2001 CanLII 3677

Brian McLean

OLRBOntario Labour Relations BoardMay 16, 2001

Application adjourned sine die on consent for up to one year.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

United Steelworkers of America v. Digital Security Controls Ltd., 2001 CanLII 14627

Brian McLean

Application withdrawn with leave of the Board.

The applicant, I.W.A. Canada, sought to withdraw its application against the responding parties.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

I.W.A. Canada v. Cumberland Auto Parts Ltd., 2001 CanLII 7977

Brian McLean

Application adjourned sine die to allow Ministry of Labour to request adding another party.

The applicant brought an application before the Ontario Labour Relations Board.

The Board adjourned the application sine die to allow the Ministry of Labour to request that another party be added to the proceedings.

Groupmark Canada Ltd. v. Margaret Gaye Campbell et al, 2001 CanLII 12387

Brian McLean

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party casino.

The Ontario Labour Relations Board granted leave to withdraw the application.

Communications, Energy and Paperworkers Union of Canada v. Point Edward Charity Casino, 2001 CanLII 6330

Brian McLean

Application withdrawn with leave of the Board.

The applicant sought to withdraw his application against the responding party union.

The Ontario Labour Relations Board granted leave to withdraw the application.

Voltaire R. deLeon v. Office & Professional Employees International Union, Local 343, 2001 CanLII 5195

Brian McLean

OLRBOntario Labour Relations BoardApr 26, 2001

Request to dismiss application deferred to the panel conducting the upcoming hearing.

The responding party union and intervenor employer requested that the application be dismissed on the basis that there was no issue left to be determined.

The Board deferred the determination of this request to the panel scheduled to conduct the upcoming hearing/consultation, given the complexity of the issues.

Janet Eta v. Canadian Union of Public Employees (CUPE), Local 416, 2001 CanLII 4551

Brian McLean

OLRBOntario Labour Relations BoardApr 25, 2001

Employment Standards Act application terminated following parties' execution of Minutes of Settlement.

The applicant filed an application under section 67 of the Employment Standards Act.

Immediately prior to the scheduled hearing, the applicant and the employer entered into Minutes of Settlement, under which the employer agreed to pay $1,200 and the applicant agreed to withdraw the claim.

The Ministry of Labour did not oppose the settlement.

The Board accordingly terminated the matter.

Sherry Marlatt v. Silver Stitch, 2001 CanLII 12111

Brian McLean

OLRBOntario Labour Relations BoardApr 23, 2001

Application withdrawn with leave of the Board.

The applicant sought to withdraw the application against the responding parties.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

Andrea Mathews v. Sunshine Daycamps, 2001 CanLII 8221

appearing on her own behalf

Teresa JonesSelf-represented
1 appearance
Kelly A. KavanaghSelf-represented
1 appearance

appearing on his own behalf

John BenjaminSelf-represented
1 appearance
Joe PorcoSelf-represented
1 appearance
Greg SangiulianoSelf-represented
1 appearance
Kevin WolfSelf-represented
1 appearance
Robert PigeonSelf-represented
1 appearance

appearing on their own behalf

Justin BurrySelf-represented
1 appearance
Roan BurrySelf-represented
1 appearance

as the responding party

Bruce McMullanCounsel
1 appearance
Richard J. CharneyCounsel
1 appearance
Cathryn GregorCounsel
1 appearance

for 1318359 Ontario Limited c.o.b. as Ryder Grocery Services

Meredith KeenanCounsel
1 appearance
Wade RoseCounsel
1 appearance
J. Timothy (Tim) LawsonCounsel
1 appearance

for B. McDowell Equipment Limited

Kevin McDowellAgent
1 appearance

for Bracebridge Hydro-Electric Commission

Richard J. CharneyCounsel
1 appearance

for Brian MacDonald

David RagniCounsel
1 appearance

for Canadian Tire

Brenda Philip (Niven)Agent
1 appearance

for CAW-Canada

Frank LuceCounsel
2 appearances
Albert KindredCounsel
1 appearance
John AmanCounsel
1 appearance
Julie WhiteCounsel
1 appearance
Fergo BertoCounsel
1 appearance
Carol DeaconCounsel
1 appearance

for Charlene Fuller

Donna BarkerAgent
1 appearance
Charlene FullerSelf-represented
1 appearance
Steve JacksonAgent
1 appearance

for CLN Industries Ltd.

J. NuscaCounsel
1 appearance

for Cody et al

Christopher BrydenCounsel
1 appearance

for Coldmatic Refrigeration of Canada Ltd.

Bob AmsterdamAgent
1 appearance
Alex SantoroAgent
1 appearance
Brian PalmerAgent
1 appearance

for District 2A

Peter ShklankaCounsel
1 appearance
Mike McCrearyCounsel
1 appearance

for District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union Affiliated with American Maritime Officers

Mike McCrearyCounsel
1 appearance
Dennis GelderCounsel
1 appearance

for Falconbridge Ltd.

Brian AbramsCounsel
1 appearance
Doug HamiltonCounsel
1 appearance

for himself

Mark CarrSelf-represented
1 appearance

for intervenor #1

Robert VerbuckAgent
1 appearance
Randy GirouxAgent
1 appearance

for intervenor #2

Mary GershtCounsel
1 appearance
Don HeathCounsel
1 appearance
David N. CorbettCounsel
1 appearance

for Ontario Hydro

Michael McFaddenCounsel
1 appearance

for Ranu Express

Ranjit Singh KharodSelf-represented
1 appearance

for Sobeys

Stewart SaxeCounsel
1 appearance
Bill DawsonCounsel
1 appearance
Art TarasukCounsel
1 appearance

for Sobeys Inc.

Hugh SecordCounsel
1 appearance
Bob WuestCounsel
1 appearance
F. G. HamiltonCounsel
1 appearance

for Sudbury Roundtable/EcoAction Sudbury

Franco MariottiAgent
1 appearance

for Teamsters Local Union No. 141

Marisa PolockCounsel
1 appearance
Wayne GibsonCounsel
1 appearance

for the applicant

Richard BlairCounsel
2 appearances
Winston G. MattisCounsel
2 appearances
Mike MarsbergenAgent
1 appearance
Catherine HectorSelf-represented
1 appearance
Roberta SpenceAgent
1 appearance
James BattinCounsel
1 appearance
Ken McLeanUnion representative
1 appearance
Bryan BelairAgent
1 appearance
John SchipaniAgent
1 appearance
David StillCounsel
1 appearance
Mark RotensbergAgent
1 appearance
Ruzica KokosarevicAgent
1 appearance
Rudolph ClarkeAgent
1 appearance
David FodorCounsel
1 appearance
Darryl DiefenbacherCounsel
1 appearance
Jeffrey MartinekAgent
1 appearance
Stan J. RobertsAgent
1 appearance
J. CaricattoUnion representative
1 appearance
Tim VanderbergUnion representative
1 appearance
L. SteinbergCounsel
1 appearance

for the Applicant

Harry KopytoAgent
1 appearance
Vic MordenUnion representative
1 appearance
Andre KingsleyUnion representative
1 appearance
Ruth BrownSelf-represented
1 appearance

for the applicants

Ian WerkerAgent
1 appearance
William N. CookSelf-represented
1 appearance
David CiniSelf-represented
1 appearance
Osborne BarnwellCounsel
1 appearance
Werner KurzAgent
1 appearance
Ivan VrhovnikAgent
1 appearance
Mark JorgensenAgent
1 appearance
Jim WilkinsonAgent
1 appearance
Vito SantoliAgent
1 appearance
Richard CushingAgent
1 appearance
Donald J. FlemingAgent
1 appearance
Joseph MatasicAgent
1 appearance

for the Association

Nadine BlumCounsel
6 appearances
Marisa PollockCounsel
5 appearances
Kelly DoctorCounsel
2 appearances
Daniel SheppardCounsel
1 appearance

for the Brotherhood of Maintenance of Way Employees

David BrownUnion representative
1 appearance
Jack ChokanUnion representative
1 appearance
Michael ChurchCounsel
1 appearance
Ronald A. BowdenUnion representative
1 appearance
John RiouxUnion representative
1 appearance
Richard PhillipsUnion representative
1 appearance
Jan KennedyUnion representative
1 appearance

for the CEP, Local 306-0

Richard TaylorUnion representative
1 appearance
E. BattenUnion representative
1 appearance
Bob PostUnion representative
1 appearance

for the employer

Andrea HoppeAgent
1 appearance
Amanda HunterCounsel
1 appearance
Amir DokooshkaniAgent
1 appearance
Manuel ZeligmanAgent
1 appearance
Walter HurtickAgent
1 appearance
Ted SmithAgent
1 appearance
Naresh JainAgent
1 appearance

for the Employer

Peter DailleboustCounsel
8 appearances
George ParrisCounsel
7 appearances
Julia EvansCounsel
4 appearances
Paul MeierCounsel
4 appearances
Bonnea ChanneCounsel
3 appearances
Andrew LynesCounsel
3 appearances
Joohyung LeeCounsel
3 appearances
Katie AyersCounsel
3 appearances
Jordanna LewisCounsel
2 appearances
Daria VodovaCounsel
2 appearances
Felix LauCounsel
2 appearances
Debra KyleCounsel
2 appearances
Henry HuangCounsel
1 appearance
Janet SinclairAgent
1 appearance
Asma HatiaAgent
1 appearance
Ferina MurjiCounsel
1 appearance
Thomas AyersCounsel
1 appearance
Mark VanginkelCounsel
1 appearance
Sean WhiteCounsel
1 appearance
Carly JonesAgent
1 appearance

For the Employer

Malcolm MacKillopCounsel
1 appearance

for the Employer K.W. Electric

Klaus WillroiderSelf-represented
1 appearance

for the intervenor

John W. MayCounsel
1 appearance
Nick E. MilanovicCounsel
1 appearance
Federico SodaCounsel
1 appearance
Kevin BowserCounsel
1 appearance
Susan JeginsCounsel
1 appearance
James KeenanUnion representative
1 appearance
Mike MayoAgent
1 appearance
Robert A. MacPhersonCounsel
1 appearance
Valerie NicollAgent
1 appearance
Lia MessinaAgent
1 appearance
Mike ByerleyAgent
1 appearance
Sarah KravetzCounsel
1 appearance
Robert MorassuttiAgent
1 appearance
Richard AnstrutherCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Heather CrispCounsel
1 appearance
Shawn MorrisonUnion representative
1 appearance
Hugh DyerAgent
1 appearance
Elaine MarekCounsel
1 appearance
Stephen BernofskyCounsel
1 appearance

for the Ministry of Labour

L. EisenbergCounsel
5 appearances
Stephen MasonCounsel
3 appearances
Karima ChaturCounsel
3 appearances
Laurie EisenbergCounsel
3 appearances
Margo MacKinnonCounsel
2 appearances
Jeremy WarningCounsel
2 appearances
Mircho MirchevCounsel
2 appearances
Brian FukuzamaCounsel
1 appearance
Karen NortheyCounsel
1 appearance
Murray KleinCounsel
1 appearance
Brian BlumenthalAgent
1 appearance
Mircho MirchevAgent
1 appearance
Charlie KennedyAgent
1 appearance
Heidi Ann Lazar-MeynCounsel
1 appearance
Brian FukuzawaAgent
1 appearance
Karima ChaturAgent
1 appearance
Chris BeetsonAgent
1 appearance
Robert SindingCounsel
1 appearance
Stefan PikorAgent
1 appearance

for the Ministry of the Labour

Robert SindingAgent
1 appearance

for the responding party

Bruce CaughillCounsel
2 appearances
David I. BloomCounsel
1 appearance
Dave RendellUnion representative
1 appearance
Ron PiersAgent
1 appearance
Mohammed BakshUnion representative
1 appearance
Debora JonesCounsel
1 appearance
Joan GuentherUnion representative
1 appearance
Dr. Peter SimpsonUnion representative
1 appearance
Tom KeaganUnion representative
1 appearance
Frank AngelettiCounsel
1 appearance
Henrik NeilsenAgent
1 appearance
Anthony F DaleCounsel
1 appearance
Louise LimogesCounsel
1 appearance
Daniel J. ShieldsCounsel
1 appearance
Paul MullinsCounsel
1 appearance
Myfanwy MarshallCounsel
1 appearance
Christine ThomlinsonCounsel
1 appearance
Bob AitkenUnion representative
1 appearance
Noel HolobanCounsel
1 appearance
Richard BlairCounsel
1 appearance

for the Responding Party

Linda MorganAgent
1 appearance

for the Union

David WrightCounsel
5 appearances
Avril DymondUnion representative
4 appearances
Matthew HrycynaUnion representative
4 appearances
Donald EadyCounsel
3 appearances
Ed HolmesCounsel
3 appearances
Robert HealeyCounsel
2 appearances
Kamal BakhaziCounsel
2 appearances
Ryan NewellCounsel
2 appearances
Nancy DhuggaCounsel
2 appearances
James CraigCounsel
2 appearances
Christopher BrydenCounsel
2 appearances
Manprit SinghCounsel
2 appearances
Sarah MikhaielUnion representative
2 appearances
Erin ThorsonUnion representative
1 appearance
Mae J. NamCounsel
1 appearance
Dean ArdronCounsel
1 appearance
Awnonna RashidCounsel
1 appearance
Behzad AkhkendCounsel
1 appearance
Esther SongCounsel
1 appearance
Emily HomeCounsel
1 appearance

For the Union

Kelvin KuceyCounsel
1 appearance

for the USWA, Local 5383

Ron VarleyUnion representative
1 appearance
Robert HealeyUnion representative
1 appearance
P. J. HillUnion representative
1 appearance

for UFCW Canada

Travis KearnsCounsel
1 appearance
John ForsterCounsel
1 appearance
John R. EvansCounsel
1 appearance
Stephen FlahertyCounsel
1 appearance
John L. StoutCounsel
1 appearance

for United Food and Commercial Workers International Union

John ForsterCounsel
1 appearance
Dustin RoseCounsel
1 appearance
Travis KearnsCounsel
1 appearance
John R. EvansCounsel
1 appearance
Linval DixonCounsel
1 appearance

for Urszula Marynowicz

Tadeusz OlechAgent
1 appearance
Urszula MarynowiczSelf-represented
1 appearance

on behalf of Fleet Industries

Anthony ClaroniAgent
1 appearance

on behalf of the applicant

Paula WeaverSelf-represented
1 appearance
John WeaverAgent
1 appearance

on behalf of the responding party

Paul L. MullinsCounsel
1 appearance

on behalf of the union

Stephen KrashsinskUnion representative
1 appearance
Julius AntelUnion representative
1 appearance

on her own behalf

Mary Grace LorenzoSelf-represented
1 appearance
Maryellen GilmourSelf-represented
1 appearance

on his own behalf

Tim RossSelf-represented
1 appearance
Yuet Ha TangSelf-represented
1 appearance
Daniel J. ColeSelf-represented
1 appearance
Clifford PodlovicsSelf-represented
1 appearance
Luigi CalabroSelf-represented
1 appearance
Robert HusseySelf-represented
1 appearance
Mark LeClairSelf-represented
1 appearance
Dan McMahonSelf-represented
1 appearance
John ZuwalaSelf-represented
1 appearance
Dave GraingerSelf-represented
1 appearance

560

Decisions

Years active

Tribunals

1.7

cases/mo

OLRB507(91%)

OGSB52(9%)

OPEHT1(0%)

Decision types

motion

416

trial

appeal

/Adjudicator

Brian McLean — Alternate Chair

Employment and Labour Law

Workers' Compensation

Brian McLean

Alternate Chair·Ontario Pay Equity Hearings Tribunal·Since 1998

OPEHT OLRB OGSB

560

cases · 29 yrs · OLRB, OGSB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 247Vice-Chair· 145Vice-Chair· 107Arbitrator· 52Vice-Chair· Chair· 5Alternate Chair· 1Vice-Chair· Chair· 1Vice Chair· 1

Brian McLean

OLRBOntario Labour Relations BoardJul 4, 2001

Application withdrawn with leave of the Board at the request of the applicants.

The applicants requested to withdraw their application against the Canadian Union of Public Employees and its Local 4000.

The Ontario Labour Relations Board granted leave to withdraw the application.

Andrea Cocks et al. v. The Canadian Union of Public Employees, and its Local 4000, 2001 CanLII 18369

Susan Jegins

In Private Practice64 cases1985–2025

Richard J. Charney

Richard Anstruther

7 cases1994–2001

John Evans

14 cases2001–2017

David Still

Cathy Blewett

OLRBUnanimous0 cases1986–2001

Anne K. Gallop

3 cases2001–2015

R. R. Montague

J. A. Rundle

OLRBUnanimous0 cases1986–2001

Brian McLean

OLRBUnanimous (Wrote the reasons)0 cases1998–2026

OLRBOntario Labour Relations BoardMay 31, 2001

Related employer application dismissed without a hearing as its purpose was to extend bargaining rights.

The responding party brought a motion to dismiss the application without a hearing, arguing there was no labour relations purpose for the declaration.

The Board found that the union's admitted purpose was to extend its bargaining rights to other locations, rather than to preserve existing rights.

Concluding that the application had no reasonable prospect of success, the Board exercised its discretion under Rule 46 to dismiss the application without a hearing on the merits.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 58 v. Toronto Symphony Orchestra, 2001 CanLII 9774

Brian McLean

Board orders employer to pay vacation pay and interest on previously awarded OHSA reprisal damages.

Following a finding that the employer violated the Occupational Health and Safety Act, the Board awarded the applicant three months' pay.

The parties agreed this amounted to $16,250 but disagreed on whether vacation pay and interest were payable.

The employer argued the Board was functus officio.

The Board held it was not functus as it had retained jurisdiction to deal with calculation difficulties, and alternatively could reconsider its decision.

The Board ordered the employer to pay vacation pay and interest, noting these are generally inherent in damages for loss of wages.

Arnold Margulis v. Delphax Systems, 2001 CanLII 10239

Brian McLean

Reconsideration of settlement confirmation denied; failure to appreciate agreed terms is not a valid ground.

The applicant requested a reconsideration of a Board decision that confirmed an oral settlement reached during a hearing.

The applicant argued it did not appreciate the terms of the settlement, specifically regarding the administration fee.

The Board denied the request, finding that a party's failure to appreciate the terms of an agreed settlement is not an appropriate ground for reconsideration.

Thrifty Travel Counsellors Ltd. v. Dan McMahon, 2001 CanLII 10144

Winston G. Mattis

7 cases2000–2005

L. Eisenberg

Amanda Hunter

22 cases1998–2021

Brian McLean

Application for termination pay dismissed; employee's failure to return from vacation constituted wilful misconduct.

The applicant sought review of an employment standards officer's decision not to issue an order for termination pay.

The applicant had travelled to India and failed to return to work on the date required by the employer, claiming she was hospitalized and unable to travel.

The Board concluded the applicant's actions constituted wilful misconduct and dismissed the application for review.

Jasvir K. Sodhi v. Matrix Logistics Services Limited, 2001 CanLII 6214

Laurie Eisenberg

Brian McLean

OLRBOntario Labour Relations BoardMay 29, 2001

Application for review dismissed; employee terminated for wilful misconduct not entitled to termination pay or additional bonuses.

The applicant sought a review of an employment standards officer's decision denying his claims for termination pay and unpaid bonuses.

The Board also determined that the employer had calculated and paid the applicant's bonuses in accordance with its established practices.

The application for review was dismissed.

John Benjamin v. Tel-E Connect Systems Ltd., 2001 CanLII 10643

Brian McLean

Preliminary motion to dismiss section 74 complaint for lack of standing and delay deferred to hearing.

The applicant union brought an application under section 96 of the Labour Relations Act, 1995, alleging that the responding party union violated section 74 of the Act.

The responding party raised preliminary arguments that the applicant lacked standing to bring a section 74 complaint and that the application should be dismissed for delay.

The Board declined to dismiss the application without a hearing, noting the novel facts of the case, and referred the matter to the Registrar to be scheduled for consultation.

Toronto Civic Employees’ Union, Local 416, Canadian Union of Public Employees v. The Canadian Union of Public Employees Local Union No. 79, 2001 CanLII 11222

Brian McLean

Reconsideration denied where employer missed hearing due to counsel's scheduling error.

The applicant employer requested a reconsideration of the Board's decision dismissing its application under the Employment Standards Act after it failed to attend the scheduled hearing.

The employer's counsel explained that the failure to attend was due to a scheduling error by a secretary.

The application was dismissed and funds held in trust were ordered disbursed to the employee.

Impact Tool & Mould Inc. v. Pigeon, 2001 CanLII 5541

L. Eisenberg

Darryl Diefenbacher

Brian McLean

Employer cannot set off stolen funds against wages without written authorization or a court order.

The employer appealed an Order to Pay issued by an Employment Standards Officer.

The employee had stolen money from the employer and was criminally charged.

The Crown withdrew the charges after the employee's counsel agreed to set off the stolen amount against the Order to Pay.

The Board also determined the employee's entitlement to minimum wage, overtime, and vacation pay, ultimately directing a reduced payment to the employee.

1340423 Ontario Limited o/a Cars For Less - Stayner v. Ian McDonald and Ministry of Labour, 2001 CanLII 5060

Karima Chatur

53 cases1999–2001

Brian McLean

Application for employment standards review dismissed due to applicant's failure to attend the hearing.

The applicant sought an employee review of a decision by an Employment Standards Officer not to make an Order to Pay against the employer.

The matter was scheduled for a hearing, but the applicant failed to attend.

After standing down for 30 minutes as per its usual practice, the Board reconvened and dismissed the application due to the applicant's non-attendance.

Myrt Whittle v. Collect Com Credit Inc. and Ministry of Labour, 2001 CanLII 3480

Laurie Eisenberg

Brian McLean

OLRBOntario Labour Relations BoardMay 18, 2001

Order to pay confirmed; truck driver found to be an employee of the applicant, not an independent contractor.

The applicant sought review of an Order to Pay under the Employment Standards Act, arguing that a truck driver was an employee of a trucking agency rather than the applicant.

The Board concluded the driver was an employee of the applicant.

The Order to Pay was confirmed.

1306305 Ontario Inc. o/a Speedex Communications & Speedex Transfer & Cartage v. Ranu Express, 2001 CanLII 19299

Brian McLean

OLRBOntario Labour Relations BoardMay 17, 2001

Employer ordered to pay $3,510.72 in termination and vacation pay following employment standards review.

The applicant sought a review of an employment standards officer's decision not to issue an order to pay against her former employer.

The Board had previously determined the applicant was entitled to termination pay and denied the employer's request for reconsideration.

In this decision, the Board determined the quantum of wages owing based on the materials filed.

The Board found the applicant was entitled to 8 weeks' termination pay and 6% vacation pay, ordering the employer to pay a total of $3,510.72.

Ruth Brown v. Canadian Tire Corp., 2001 CanLII 3677

Brian McLean

OLRBOntario Labour Relations BoardMay 16, 2001

Application adjourned sine die on consent for up to one year.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

United Steelworkers of America v. Digital Security Controls Ltd., 2001 CanLII 14627

Brian McLean

Application withdrawn with leave of the Board.

The applicant, I.W.A. Canada, sought to withdraw its application against the responding parties.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

I.W.A. Canada v. Cumberland Auto Parts Ltd., 2001 CanLII 7977

Brian McLean

Application adjourned sine die to allow Ministry of Labour to request adding another party.

The applicant brought an application before the Ontario Labour Relations Board.

The Board adjourned the application sine die to allow the Ministry of Labour to request that another party be added to the proceedings.

Groupmark Canada Ltd. v. Margaret Gaye Campbell et al, 2001 CanLII 12387

Brian McLean

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party casino.

The Ontario Labour Relations Board granted leave to withdraw the application.

Communications, Energy and Paperworkers Union of Canada v. Point Edward Charity Casino, 2001 CanLII 6330

Brian McLean

Application withdrawn with leave of the Board.

The applicant sought to withdraw his application against the responding party union.

The Ontario Labour Relations Board granted leave to withdraw the application.

Voltaire R. deLeon v. Office & Professional Employees International Union, Local 343, 2001 CanLII 5195

Brian McLean

OLRBOntario Labour Relations BoardApr 26, 2001

Request to dismiss application deferred to the panel conducting the upcoming hearing.

The responding party union and intervenor employer requested that the application be dismissed on the basis that there was no issue left to be determined.

The Board deferred the determination of this request to the panel scheduled to conduct the upcoming hearing/consultation, given the complexity of the issues.

Janet Eta v. Canadian Union of Public Employees (CUPE), Local 416, 2001 CanLII 4551

Brian McLean

OLRBOntario Labour Relations BoardApr 25, 2001

Employment Standards Act application terminated following parties' execution of Minutes of Settlement.

The applicant filed an application under section 67 of the Employment Standards Act.

The Ministry of Labour did not oppose the settlement.

The Board accordingly terminated the matter.

Sherry Marlatt v. Silver Stitch, 2001 CanLII 12111

Brian McLean