Brian McLean is a alternate chair at the Ontario Pay Equity Hearings Tribunal with 560 decisions on record from 1998 to 2026. Key areas include employment and labour law, other tribunals, administrative law.

What tribunal does Brian McLean sit on?

Brian McLean has sat on Ontario Labour Relations Board and Grievance Settlement Board and Ontario Pay Equity Hearings Tribunal.

What areas of law does Brian McLean decide?

Brian McLean's most common areas include Employment and Labour Law (560 decisions), Other Tribunals (106 decisions), Administrative Law (88 decisions). Brian McLean has handled 560 decisions across 6 areas.

How many decisions has Brian McLean made?

Brian McLean has 560 decisions on record from 1998 to 2026 across 3 tribunals.

Who frequently appears before Brian McLean?

Representatives who frequently appear before Brian McLean include Peter Dailleboust, George Parris, Nadine Blum.

BM

Employment and Labour Law

Workers' Compensation

Brian McLean

Alternate ChairOntario Pay Equity Hearings TribunalSince 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

BM

Employment and Labour Law

Workers' Compensation

Brian McLean

Alternate ChairOntario Pay Equity Hearings TribunalSince 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

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Board directed written submissions on whether to open a single segregated ballot or order a second representation vote.

In an application for termination of bargaining rights, a representation vote resulted in an 8-7 vote against the union, with one segregated ballot remaining.

The union argued for a second vote to protect the secrecy of the segregated ballot, while the applicant argued the ballot should be opened as the employee consented.

The Board noted its general policy is not to open a single segregated ballot as it would reveal the employee's choice, contrary to section 119(1) of the Act.

The Board adjourned the scheduled oral hearings and directed the applicant and employer to file written submissions on why the usual practice of ordering a second vote should not apply.

Mike Kilby v. United Food & Commercial Workers Union, Local 175, 2001 CanLII 6358

RM

R. R. Montague

OLRBUnanimous0 cases1986–2001

JR

J. A. Ronson

OLRBUnanimous0 cases1980–2001

BM

Brian McLean

OLRBUnanimous0 cases1998–2026

OLRBOct 25, 2001

Board orders applicant to re-serve application on employer's counsel after dispute over courier delivery to mailbox address.

The applicant filed an application under section 66 of the Labour Relations Act, 1995.

A dispute arose regarding whether the intervenor employer was properly served with the application.

The applicant delivered the application via courier to the mailing address listed on the employer's letterhead, but the employer claimed it was a mailbox company that prohibited courier packages and returned the package.

The Board found the applicant could not be faulted for using the employer's stated address, but to avoid further delay, ordered the applicant to deliver another copy to the employer's counsel, with the employer to reimburse the delivery costs and file its response within four days.

Employees of Trafalgar Lodge v. Canadian Health Care Workers, 2001 CanLII 4662

BM

Brian McLean

OLRB0 cases1998–2026

OLRBOct 23, 2001

Application withdrawn with leave of the Board.

Service Employees International Union, Local 528 v. Winrac Development Inc., 2001 CanLII 16168

BM

Brian McLean

OLRB0 cases1998–2026

OLRBOct 23, 2001

Application withdrawn with leave of the Board.

Irene Lucchetta v. Rand Engineering Corporation, 2001 CanLII 15924

BM

Brian McLean

OLRB0 cases1998–2026

OLRBOct 19, 2001

Application withdrawn with leave of the Board.

Industrial Wood & Allied Workers of Canada Local 500 v. Dashwood Industries Limited, 2001 CanLII 6771

JR

J. A. Rundle

OLRBUnanimous0 cases1986–2001

DP

D. A. Patterson

OLRBUnanimous0 cases1986–2001

BM

Brian McLean

OLRBUnanimous0 cases1998–2026

OLRBOct 19, 2001

Board directs representation vote in displacement application for certification of stationary engineers.

Christian Labour Association of Canada v. York Central Hospital, 2001 CanLII 16996

JR

J. A. Rundle

OLRBUnanimous0 cases1986–2001

DP

D. A. Patterson

OLRBUnanimous0 cases1986–2001

BM

Brian McLean

OLRBUnanimous0 cases1998–2026

OLRBOct 19, 2001

Certificate issued to applicant union following successful representation vote.

The applicant union applied for certification to represent a bargaining unit of employees at Cancer Care Ontario, Ottawa Regional Cancer Centre.

Following a representation vote where more than fifty per cent 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 ordered that a certificate issue to the applicant.

The Professional Institute of the Public Service of Canada v. Cancer Care Ontario, Ottawa Regional Cancer Centre, 2001 CanLII 13190

JR

J. A. Ronson

OLRBUnanimous0 cases1980–2001

HP

H. Peacock

OLRBUnanimous0 cases1987–2001

BM

Brian McLean

OLRBUnanimous0 cases1998–2026

OLRBOct 19, 2001

Union certification granted following a successful representation vote.

National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Acorn Packaging Inc., 2001 CanLII 12678

JR

J. A. Rundle

OLRBDissenting0 cases1986–2001

DP

D. A. Patterson

OLRBMajority0 cases1986–2001

BM

Brian McLean

OLRBMajority0 cases1998–2026

OLRBOct 19, 2001

Representation vote ordered in union certification application with ballot box sealed pending bargaining unit dispute.

The applicant trade union applied for certification to represent employees of the responding party pharmacy.

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

The Board found that the applicant established sufficient membership support for a representation vote.

The Board ordered a representation vote but directed that the ballots be segregated and the ballot box sealed pending resolution of the dispute over whether the bargaining unit should be municipal-wide or store-specific.

A dissenting Board member would have directed the ballot box to be sealed strictly pursuant to section 8.1(4) of the Act.

Northern Ontario Joint Council of the Retail Wholesale and Department Store Union of the United Food and Commercial Workers International Union v. Wadland Pharmacy Limited c.o.b. The Drug Store Pharmacy, 2001 CanLII 10752

JR

J. A. Rundle

OLRBUnanimous0 cases1986–2001

DP

D. A. Patterson

OLRBUnanimous0 cases1986–2001

BM

Brian McLean

OLRBUnanimous0 cases1998–2026

OLRBOct 19, 2001

Application for certification dismissed after union failed to win majority in representation vote.

The applicant union filed an application for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and directed the parties' attention to section 10(3) of the Act regarding subsequent applications.

Service Employees International Union, Local 204 v. Englehart and District Hospital, Inc., 2001 CanLII 4095

JR

J. A. Rundle

OLRBUnanimous0 cases1986–2001

DP

D. A. Patterson

OLRBUnanimous0 cases1986–2001

BM

Brian McLean

OLRB0 cases1998–2026

OLRBOct 19, 2001

Representation vote directed for security staff with ballots segregated pending resolution of managerial exclusion dispute.

The applicant trade union applied for certification to represent a bargaining unit of security staff employed by the responding party.

The Board found that the applicant appeared to have the requisite membership support of at least forty percent.

The employer objected, arguing the employees were excluded from collective bargaining as managers under the Labour Relations Act, 1995, or that the union was estopped from bringing the application.

The Board directed a representation vote, ordering that the ballots be segregated and the ballot box sealed pending resolution of the status disputes.

The Society of Energy Professionals v. Ontario Power Generation, Inc., 2001 CanLII 3645

RM

R. R. Montague

OLRBMajority0 cases1986–2001

JR

J. A. Ronson

OLRBDissenting0 cases1980–2001

BM

Brian McLean

OLRBMajority0 cases1998–2026

OLRBOct 18, 2001

Representation vote ordered in certification application; ballots for disputed positions segregated.

The applicant trade union applied for certification.

The responding employer 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 numerical difference between the parties was not significant and that the applicant had established sufficient membership support to obtain a representation vote regardless of which bargaining unit was correct.

The majority ordered a representation vote, directing that ballots cast by individuals in disputed positions be segregated.

The dissenting Board member would have ordered the ballot box sealed pursuant to section 8.1(4) of the Act.

Teamsters International Union, Local 847, AFL-CIO-CLC v. Alte-Rego Corporation, 2001 CanLII 13146

RM

R. R. Montague

OLRBUnanimous0 cases1986–2001

JR

J. A. Ronson

OLRBUnanimous0 cases1980–2001

BM

Brian McLean

OLRBUnanimous0 cases1998–2026

OLRBOct 18, 2001

Union's application withdrawn with leave of the Board.

National Automobile, aerospace, Transportation and general Workers Union of Canada (CAW-Canada) v. G.E.W. Group Inc., 2001 CanLII 9758

RM

R. R. Montague

OLRBUnanimous0 cases1986–2001

JR

J. A. Ronson

OLRBUnanimous0 cases1980–2001

BM

Brian McLean

OLRB0 cases1998–2026

OLRBOct 16, 2001

Representation vote ordered in union certification application.

The applicant employer appealed an Employment Standards Officer's decision to issue an Order to Pay.

The parties entered into minutes of settlement agreeing to distribute the monies held in trust, with $2,100 to the respondent employee and the balance to the applicant.

The employer also agreed to withdraw a related statement of claim.

The Board directed the Director of Employment Standards to distribute the trust funds in accordance with the settlement and returned the administrative fee to the employer.

Anmar Mechanical & Electrical Contractors Ltd. v. Rick Letang and Ministry of Labour, 2001 CanLII 14540

RM

R. R. Montague

OLRBMajority0 cases1986–2001

JR

J. A. Ronson

OLRBDissenting0 cases1980–2001

BM

Brian McLean

OLRBMajority0 cases1998–2026

OLRBOct 16, 2001

Representation vote directed for security officers; ballot box not sealed despite employer's section 8.1 notice.

The Ontario Public Service Employees Union applied for certification to represent security officers at Windsor Racetrack Slots.

The Ontario Labour Relations Board found the applicant to be a trade union and determined the appropriate bargaining unit.

Based on the membership evidence, the Board directed a representation vote.

Although the employer gave notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the union's estimate of employees, the Board found the union had more than 40% membership and directed that the ballot box not be sealed.

Board Member Ronson dissented, arguing the ballot box should be sealed under subsection 8.1(4).

Ontario Public Service Employees Union v. Ontario Lottery & Gaming Corporation, 2001 CanLII 13062

BM

Brian McLean

OLRB0 cases1998–2026

OLRBOct 16, 2001

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

John Silmer v. Ontario Public Service Employees Union, 2001 CanLII 11821

Page 8 of 28 (560 cases)

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

Page 8 of 28 (560 cases)