Brian McLean

Applicant directed to file reply to union's preliminary objections in duty of fair representation complaint.

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

The union filed a response requesting that the application be dismissed for delay, prematurity, and failure to disclose a prima facie case.

The Board directed the applicant to file a reply to the union's preliminary arguments and to identify which facts in the response she agrees or disagrees with within 10 days.

Eva Kiss v. Amalgamated Transit Union, Local 113, 2001 CanLII 16423

Representation vote ordered in certification application despite employer's section 8.1 notice.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant established sufficient membership support in its proposed bargaining unit to obtain a representation vote.

The Board directed that a representation vote be taken, with disputed ballots to be segregated.

Board Member Ronson dissented, arguing that the ballot box should be sealed until the section 8.1 issues are resolved.

Teamsters International Union, Local 847, AFL-CIO-CLC v. ABC Group Exterior Systems Inc., 2001 CanLII 12879

Brian McLean

Time for filing a response extended on consent.

The Ontario Labour Relations Board granted an extension of time for filing a response in this matter until May 13, 2001, based on the agreement of the parties.

Canadian Union of Public Employees and its Local 855 v. Corporation of the City of Kawartha Lakes, 2001 CanLII 11107

J. A. Rundle

OLRBUnanimous0 cases1987–2001

H. Peacock

Brian McLean

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board found the bargaining unit appropriate.

The Board ordered that a certificate issue to the applicant union and cancelled previously set meeting and hearing dates.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. Best Western Sunset Inn, 2001 CanLII 7771

Brian McLean

Board requests submissions on CAW's request for intervenor status in joint application for early termination.

The applicant employer and responding union filed a joint application for the early termination of their collective agreement.

The CAW-Canada sought intervenor status and requested the Board set a three-month open period before consenting to the early termination.

The Board directed the applicant and responding party to file submissions on the CAW's requests.

Sysco Foodservice of Ontario v. Christian Labour Association of Canada, 2001 CanLII 5460

R. R. Montague

OLRBUnanimous0 cases1980–2001

J. A. Ronson

Brian McLean

In Private Practice22 cases2000–2022

Application withdrawn with leave of the Board.

The applicant, Ontario Public Service Employees Union, requested to withdraw its application against The Corporation of The Town of Perth.

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

Ontario Public Service Employees Union v. The Corporation of The Town of Perth, 2001 CanLII 5030

Stephen Mason

20 cases1986–2005

Jeremy Warning

Brian McLean

OLRBOntario Labour Relations BoardDec 7, 2000

Employer appeal of Order to Pay dismissed due to applicants' failure to attend the hearing.

The applicants (employers) appealed an Order to Pay issued by an Employment Standards Officer.

A hearing was scheduled, but the applicants failed to attend.

After standing the matter down for 30 minutes, the Board dismissed the application due to the applicants' non-attendance.

The Board directed that the wages held in trust be remitted to the responding party employee.

Barzilay v. Lorenzo, 2000 CanLII 1858

Brian McLean

OLRBOntario Labour Relations BoardDec 4, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Daniel J. Cole v. Carey Limousine Canada, 2000 CanLII 10719

Brian McLean

Board orders disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director in trust to disburse the held funds, paying $5,000 to the employee, returning $1,718.80 to the employer, and retaining a $671.88 administration fee.

The matter was deemed terminated absent a request from the Ministry of Labour to relist it.

Mainway Industrial Installations Inc. v. Darrell Korol, 2000 CanLII 5107

Brian McLean

Application terminated following Minutes of Settlement between the parties.

The applicant filed an application against the responding parties.

Having regard to the Minutes of Settlement reached between the parties, the Ontario Labour Relations Board ordered the application terminated.

Linda Gwynne v. Hyundai Auto Canada Ltd., 2000 CanLII 2379

Brian McLean

Application withdrawn with leave of the Board.

The applicant, Vista Insurance Brokers Limited, sought to withdraw its application against John Kuchta and the Ministry of Labour.

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

Vista Insurance Brokers Limited v. John Kuchta, 2000 CanLII 1324

Brian McLean

OLRBOntario Labour Relations BoardNov 14, 2000

Matter adjourned on consent of the parties.

The applicant brought a matter before the Ontario Labour Relations Board.

On the agreement of the parties, the Board adjourned the matter to November 30 and December 1, 2000.

Domtar Inc. v. CEP, Local 31X, 2000 CanLII 8763

Brian McLean

Application withdrawn with leave of the Board.

The applicant union withdrew its application against the responding party employer with leave of the Ontario Labour Relations Board.

Canadian Union of Public Employees Local 3261 v. The University of Toronto Press Incorporated, 2000 CanLII 4739

Brian McLean

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

The applicant and responding party agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no request to proceed is made.

Terry Stavnyck v. Complex Services Inc. c.o.b. as Casino Niagara, 2000 CanLII 4500

Raju Gokhruwala

Practising Law - Employed10 cases2000–2017

Myfanwy Marshall

Glen Holmes

Frank Angeletti

25 cases1991–2017

Elizabeth Avery

David W. Cass

David Fodor

Brian McLean

Vice-Chair ruled he was not seized of an unfair labour practice complaint and referred it for scheduling.

The union applied for certification and filed an unfair labour practice complaint.

Following a representation vote, the union withdrew its status challenges, which would have resulted in the dismissal of the certification application but for the unfair labour practice complaint.

The complaint hearing was deferred because the employer had not received notice.

The union requested that a new panel hear the complaint as soon as possible, while the employer argued the current panel was seized.

The Vice-Chair ruled he was not seized of the complaint as he had not commenced hearing it, and referred the matter to the Registrar to be scheduled for hearing before a new panel at the earliest opportunity.

Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local No. 647 v. National Specialty Cakes Inc., 2000 CanLII 10590

Brian McLean

Ministry of Labour directed to respond to employer's request for reconsideration.

The employer requested that the Board reconsider its decision dated October 18, 2000.

The Board directed the Ministry of Labour to respond to the request by November 21, 2000, after which the Board will determine the matter.

Thrifty Travel Counsellors Ltd. v. McMahon, 2000 CanLII 10363

Brian McLean

Practising Law - Employed7 cases2000–2004

Request for reconsideration of duty of fair representation complaint dismissal denied.

The applicant requested reconsideration of a Board decision that dismissed her duty of fair representation complaint against the union for failing to disclose a prima facie case.

The Board extended the time limits for the request but ultimately dismissed it, finding that the applicant was attempting to reargue issues that were or could have been advanced previously.

The Board reiterated that the union's decision not to grieve a temporary transfer to which the applicant had agreed was not arbitrary, discriminatory, or in bad faith.

Ferro v. Power Workers’ Union CUPE Local 1000 – C.L.C., 2000 CanLII 5117

Marsha Lindsay

Brian McLean

Duty of fair representation complaint referred to hearing due to fundamental factual disputes over union's actions.

The applicant, a former non-tenured professor, filed a duty of fair representation complaint against her faculty association, alleging it failed to act on her sexual harassment and interference complaints against a colleague for over a year.

The union contended the applicant initially instructed it not to act and that it later successfully prompted a formal university investigation.

Finding fundamental factual disputes regarding the union's actions and the applicant's instructions between March 1998 and June 1999, the Board referred the matter to a hearing, declining to dismiss the case on a preliminary basis despite potential remedial difficulties.

Dr. Alison Cormie (Ph.D) v. Laurentian University Faculty Association (LUFA), 2000 CanLII 3582

R. R. Montague

J. A. Rundle

OLRBUnanimous (Wrote the reasons)0 cases1998–2026

Brian McLean

Motion to dismiss application without a hearing denied with leave to renew.

The responding party, Toronto Symphony Orchestra, requested that the Board dismiss the application without a hearing.

The applicant union opposed the request.

The Board declined to dismiss the application at this time, but permitted the responding party to renew its motion at the re-commencement of the hearing.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 58 v. Toronto Symphony Orchestra, 2000 CanLII 1158

Brian McLean

OLRBOntario Labour Relations BoardNov 6, 2000

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

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

On agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Schneider Employees’ Association v. J.M. Schneider Inc., 2000 CanLII 9843

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

OLRBDissenting0 cases1980–2001

Applicant directed to file reply to union's preliminary objections in duty of fair representation complaint.

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

The union filed a response requesting that the application be dismissed for delay, prematurity, and failure to disclose a prima facie case.

The Board directed the applicant to file a reply to the union's preliminary arguments and to identify which facts in the response she agrees or disagrees with within 10 days.

Eva Kiss v. Amalgamated Transit Union, Local 113, 2001 CanLII 16423

J. A. Ronson

H. Peacock

OLRBMajority0 cases1987–2001

Brian McLean

OLRBMajority (Wrote the majority reasons)0 cases1998–2026

Representation vote ordered in certification application despite employer's section 8.1 notice.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant established sufficient membership support in its proposed bargaining unit to obtain a representation vote.

The Board directed that a representation vote be taken, with disputed ballots to be segregated.

Board Member Ronson dissented, arguing that the ballot box should be sealed until the section 8.1 issues are resolved.

Teamsters International Union, Local 847, AFL-CIO-CLC v. ABC Group Exterior Systems Inc., 2001 CanLII 12879

Brian McLean

Time for filing a response extended on consent.

The Ontario Labour Relations Board granted an extension of time for filing a response in this matter until May 13, 2001, based on the agreement of the parties.

Canadian Union of Public Employees and its Local 855 v. Corporation of the City of Kawartha Lakes, 2001 CanLII 11107

J. A. Rundle

OLRBUnanimous0 cases1987–2001

H. Peacock

Brian McLean

Union certified as bargaining agent following successful representation vote.

The applicant union applied for certification as the bargaining agent for a unit of employees of the responding party.

The Board ordered that a certificate issue to the applicant union and cancelled previously set meeting and hearing dates.

United Brotherhood of Retail, Food, Industrial and Service Trades International Union v. Best Western Sunset Inn, 2001 CanLII 7771

Brian McLean

Board requests submissions on CAW's request for intervenor status in joint application for early termination.

The applicant employer and responding union filed a joint application for the early termination of their collective agreement.

The CAW-Canada sought intervenor status and requested the Board set a three-month open period before consenting to the early termination.

The Board directed the applicant and responding party to file submissions on the CAW's requests.

Sysco Foodservice of Ontario v. Christian Labour Association of Canada, 2001 CanLII 5460

R. R. Montague

OLRBUnanimous0 cases1980–2001

J. A. Ronson

Brian McLean

In Private Practice22 cases2000–2022

Application withdrawn with leave of the Board.

The applicant, Ontario Public Service Employees Union, requested to withdraw its application against The Corporation of The Town of Perth.

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

Ontario Public Service Employees Union v. The Corporation of The Town of Perth, 2001 CanLII 5030

Stephen Mason

20 cases1986–2005

Jeremy Warning

Brian McLean

OLRBOntario Labour Relations BoardDec 7, 2000

Employer appeal of Order to Pay dismissed due to applicants' failure to attend the hearing.

The applicants (employers) appealed an Order to Pay issued by an Employment Standards Officer.

A hearing was scheduled, but the applicants failed to attend.

After standing the matter down for 30 minutes, the Board dismissed the application due to the applicants' non-attendance.

The Board directed that the wages held in trust be remitted to the responding party employee.

Barzilay v. Lorenzo, 2000 CanLII 1858

Brian McLean

OLRBOntario Labour Relations BoardDec 4, 2000

Application withdrawn with leave of the Board.

The applicant requested to withdraw the application.

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

Daniel J. Cole v. Carey Limousine Canada, 2000 CanLII 10719

Brian McLean

Board orders disbursement of funds held in trust pursuant to Minutes of Settlement.

The applicant employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The matter was deemed terminated absent a request from the Ministry of Labour to relist it.

Mainway Industrial Installations Inc. v. Darrell Korol, 2000 CanLII 5107

Brian McLean

Application terminated following Minutes of Settlement between the parties.

The applicant filed an application against the responding parties.

Having regard to the Minutes of Settlement reached between the parties, the Ontario Labour Relations Board ordered the application terminated.

Linda Gwynne v. Hyundai Auto Canada Ltd., 2000 CanLII 2379

Brian McLean

Application withdrawn with leave of the Board.

The applicant, Vista Insurance Brokers Limited, sought to withdraw its application against John Kuchta and the Ministry of Labour.

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

Vista Insurance Brokers Limited v. John Kuchta, 2000 CanLII 1324

Brian McLean

OLRBOntario Labour Relations BoardNov 14, 2000

Matter adjourned on consent of the parties.

The applicant brought a matter before the Ontario Labour Relations Board.

On the agreement of the parties, the Board adjourned the matter to November 30 and December 1, 2000.

Domtar Inc. v. CEP, Local 31X, 2000 CanLII 8763

Brian McLean

Application withdrawn with leave of the Board.

The applicant union withdrew its application against the responding party employer with leave of the Ontario Labour Relations Board.

Canadian Union of Public Employees Local 3261 v. The University of Toronto Press Incorporated, 2000 CanLII 4739

Brian McLean

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

The applicant and responding party agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the matter will be deemed terminated if no request to proceed is made.

Terry Stavnyck v. Complex Services Inc. c.o.b. as Casino Niagara, 2000 CanLII 4500

Raju Gokhruwala

Practising Law - Employed10 cases2000–2017

Myfanwy Marshall

Glen Holmes

Frank Angeletti

25 cases1991–2017

Elizabeth Avery

David W. Cass

David Fodor

Brian McLean

Vice-Chair ruled he was not seized of an unfair labour practice complaint and referred it for scheduling.

The union applied for certification and filed an unfair labour practice complaint.

Following a representation vote, the union withdrew its status challenges, which would have resulted in the dismissal of the certification application but for the unfair labour practice complaint.

The complaint hearing was deferred because the employer had not received notice.

The union requested that a new panel hear the complaint as soon as possible, while the employer argued the current panel was seized.

Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local No. 647 v. National Specialty Cakes Inc., 2000 CanLII 10590

Brian McLean

Ministry of Labour directed to respond to employer's request for reconsideration.

The employer requested that the Board reconsider its decision dated October 18, 2000.

The Board directed the Ministry of Labour to respond to the request by November 21, 2000, after which the Board will determine the matter.

Thrifty Travel Counsellors Ltd. v. McMahon, 2000 CanLII 10363

Brian McLean

Practising Law - Employed7 cases2000–2004

Request for reconsideration of duty of fair representation complaint dismissal denied.

The applicant requested reconsideration of a Board decision that dismissed her duty of fair representation complaint against the union for failing to disclose a prima facie case.

The Board extended the time limits for the request but ultimately dismissed it, finding that the applicant was attempting to reargue issues that were or could have been advanced previously.

The Board reiterated that the union's decision not to grieve a temporary transfer to which the applicant had agreed was not arbitrary, discriminatory, or in bad faith.

Ferro v. Power Workers’ Union CUPE Local 1000 – C.L.C., 2000 CanLII 5117

Marsha Lindsay

Brian McLean

Duty of fair representation complaint referred to hearing due to fundamental factual disputes over union's actions.

The union contended the applicant initially instructed it not to act and that it later successfully prompted a formal university investigation.

Dr. Alison Cormie (Ph.D) v. Laurentian University Faculty Association (LUFA), 2000 CanLII 3582

R. R. Montague

J. A. Rundle

OLRBUnanimous (Wrote the reasons)0 cases1998–2026

Brian McLean

Motion to dismiss application without a hearing denied with leave to renew.

The responding party, Toronto Symphony Orchestra, requested that the Board dismiss the application without a hearing.

The applicant union opposed the request.

The Board declined to dismiss the application at this time, but permitted the responding party to renew its motion at the re-commencement of the hearing.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, Local 58 v. Toronto Symphony Orchestra, 2000 CanLII 1158

Brian McLean