Gail Misra

OLRBOntario Labour Relations BoardSep 1, 2000

Motion to add responding parties granted to avoid parallel proceedings and waste of resources.

The applicant sought to amend its application to add Kawartha Quality Care, ParaMed Health Services, and Bayshore Healthcare as responding parties.

The Ontario Labour Relations Board granted the request, noting that while it was late in the process, refusing the amendment would likely lead to parallel proceedings and a waste of resources since no hearing on the merits had commenced.

The Board set timelines for the new responding parties to file responses and make submissions on an existing 'no prima facie case' motion.

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 13128

Request for reconsideration of decision denying pre-hearing production order in construction grievance arbitration dismissed.

The applicant requested reconsideration of the Board's decision declining to issue a pre-hearing production order in a construction industry grievance arbitration.

The Board found that the applicant's reliance on jurisprudence regarding sections 69 and 1(4) applications was misplaced, as those provisions place the onus on responding parties.

The Board concluded that the reconsideration application added nothing new to the legal arguments already considered and denied the request.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 12856

Gail Misra

Time for filing employment standards appeal extended where application was mailed before deadline and arrived one day late.

The applicant filed a request for review of an Employment Standards Officer's decision one day after the 45-day statutory deadline.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing, noting that the applicant had mailed the appeal prior to the deadline.

Rita Welker v. Orlick Industries Limited and Ministry of Labour, 2000 CanLII 12969

Gail Misra

Board directed parties to file submissions on whether to extend time for a 5.5-year-late appeal.

The applicant employer filed a request for review of an Order to Pay under section 68 of the Employment Standards Act approximately five and a half years after the order was issued.

The employer claimed he could not afford to pay the requisite monies into trust at the time, and only paid the outstanding amount after his wages were garnished.

Before deciding whether to grant an extension of time for the exceptionally late application, the Board directed the Ministry of Labour and the employee to file submissions.

Timothy Tennant o/a Tri-Star Athletics v. Jeff Turner and Ministry of Labour, 2000 CanLII 12234

J. Knight

G. McMenemy

Gail Misra

Hearing cancelled and application joined with another Board file.

The applicant requested the cancellation of a scheduled hearing.

The Ontario Labour Relations Board cancelled the hearing and ordered that the application be dealt with in conjunction with another Board file.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Labourers’ International Union of North America, Local 597, 2000 CanLII 11851

J. G. Knight

G. McMenemy

Gail Misra

Board orders pre-hearing production of documents in related employer and sale of business application.

The applicant union requested an order for the production of documents prior to the commencement of a hearing into an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Ontario Labour Relations Board ordered the responding parties to produce the requested documents in their possession, care, or control.

The Board declined to order the responding parties to provide particulars, but directed that any documents relating to those matters be produced.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 13331

Gail Misra

Request for clarification of reprisal application denied; extension of time to file response granted.

The applicant filed a reprisal complaint under section 50 of the Occupational Health and Safety Act.

The responding party requested an order requiring the applicant to clarify and abbreviate the application, and sought an extension of time to file its response.

The Board found the application sufficiently clear to outline the reprisal allegations and declined to order clarification.

The Board granted the responding party an extension of time to file its response.

David M. Adams v. Jervis B. Webb Company of Canada Ltd., 2000 CanLII 12413

J. G. Knight

G. McMenemy

Gail Misra

Applications adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no party requests to proceed.

Operative Plasterers’, Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598 v. Phoenix Restoration, a division of Phoenix Gunite Services Ltd., 2000 CanLII 10616

J. G. Knight

G. McMenemy

Gail Misra

Grievance referral terminated following parties' execution of Minutes of Settlement.

The applicant union referred a grievance to the Ontario Labour Relations Board.

Following a previous decision, the parties settled all matters in dispute and filed Minutes of Settlement.

The Board terminated the proceeding.

Universal Workers Union, Labourers' International Union of North America Local 183 v. Sebco Construction Ltd., 2000 CanLII 7277

Gail Misra

Application withdrawn with leave of the Board following a settlement between the parties.

The applicant sought to withdraw her application against McLarens Toplis Canada and the Ministry of Labour following a settlement reached between the parties.

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

Dawn Peters v. McLarens Toplis Canada and Ministry of Labour, 2000 CanLII 5491

Gail Misra

Employment Standards Act appeal resolved by Minutes of Settlement with funds disbursed accordingly.

The applicant employer appealed 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 funds held in trust by the Director to be disbursed according to the settlement, with $650 returned to the employer, $575 paid to the employee, and the administration fee retained by the Consolidated Revenue Fund.

Great White Productions Inc. v. Jeffrey Davidson and Ministry of Labour, 2000 CanLII 5141

Gail Misra

Extension of time to file response granted on consent.

The responding party requested an extension of time to file its response.

With the consent of the applicants, the Board granted the request and extended the filing deadline to August 25, 2000.

Bartlett v. Canadian Union of Public Employees (CUPE) Local Sub-Unit 1146, 2000 CanLII 3352

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay unpaid wages and costs in default grievance referral proceeding.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding employer failed to pay an employee for 53 hours of work.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer bound by the provincial collective agreement and ordered it to pay the unpaid wages, costs, and filing fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Solutions Ltd., 2000 CanLII 2358

Gail Misra

Board directs Ministry submissions on employer's request to extend time for late Employment Standards Act appeal.

The employer filed an appeal of an Order to Pay under the Employment Standards Act more than 45 days after its issuance.

The employer requested an extension of time, citing a convoluted explanation that implicated the Employment Standards Officer.

The Board directed the Ministry of Labour to provide submissions on the extension request and required proof of payment into trust before proceeding.

Bruce Edmeades Sales Limited v. Mark Lichti, 2000 CanLII 13382

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

The applicant, United Brotherhood of Carpenters and Joiners of America, Local 494, sought to withdraw its application against Mady Development Corporation.

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

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Mady Development Corporation, 2000 CanLII 8930

Gail Misra

Application for review of Order to Pay resolved by Minutes of Settlement.

The applicant employer sought 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 $9,000 to the employee and retain a $1,000 administration fee, in accordance with the settlement.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist.

Lofthouse Brass Mfg. v. Debbie Litster and Ministry of Labour, 2000 CanLII 6808

J. G. Knight

G. McMenemy

Gail Misra

Employer found in violation of collective agreement for hiring non-union workers in default proceeding.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, alleging the responding party employer violated the collective agreement by employing non-union members to perform bargaining unit work.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board declared the responding party bound by the collective agreement, found it in violation, and ordered it to pay damages and produce payroll records for assessment of quantum.

Universal Workers Union, Labourers' International Union of North America Local 183 v. Sebco Construction Ltd., 2000 CanLII 6675

Gail Misra

Application withdrawn with leave of the Board.

The applicant union requested to withdraw its application against the responding employer and the Ministry of Labour.

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

Ontario Public Service Employees Union v. Monteith Correctional Complex, 2000 CanLII 1434

J. G. Knight

G. McMenemy

Gail Misra

Board orders production of specific invoices and subcontracting records in pre-hearing motion.

The applicant union sought an order compelling the responding parties to produce additional documents prior to the hearing, complaining of non-compliance with a previous production order.

The Board declined to issue an order compelling compliance with the previous order, noting the applicant could pursue contempt proceedings.

However, the Board ordered the production of specific additional documents, including invoices, cancelled cheques, credit applications, and subcontracting records between Marathon Delco Inc. and the other responding parties.

International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc., 2000 CanLII 13094

Gail Misra

Employment and Labour Law

Adjournment granted to applicant who would be out of the country, despite initial agreement on date.

The applicant requested an adjournment of a scheduled hearing date because she would be out of the country.

The responding employers opposed the request, noting the claim had been outstanding for two years and the date was set on agreement.

The Board granted the adjournment, noting the employers were not prejudiced as no monies were held in trust, but directed that the new date be chosen in consultation with the responding parties.

Alda Pimenta v. Dr. M. Boermans, Dr. P. Nickolet, and Ministry of Labour, 2000 CanLII 12172

for Allstate Insurance Company of Canada

Catherine PetersCounsel
1 appearance
Tricia BiglowCounsel
1 appearance
Seann McAleeseCounsel
1 appearance

for Bancroft I.G.A.

Bud SchramnAgent
1 appearance
David M. ChondonCounsel
1 appearance

for Bayshore

Daina GroskaufmanisCounsel
1 appearance

for Buttcon Limited

Robert A. BoothCounsel
1 appearance

for Comcare

John MacKenzieCounsel
1 appearance
Glenn ChristieCounsel
1 appearance

for CUPE

Mark GallinaUnion representative
1 appearance
Nick MilanovicUnion representative
1 appearance
Michael StokesUnion representative
1 appearance
Gus OliveiraUnion representative
1 appearance

for CUPE, Local 3875

Joanne McKennaCounsel
1 appearance
Gina GignacCounsel
1 appearance
Judith McCormackCounsel
1 appearance

for Desiree Grabarczyk et al and Irene Quirk

Sari GarnerAgent
1 appearance

for Durham Access to Care

Maureen HoustonCounsel
1 appearance
Tom OlesonCounsel
1 appearance

for Enwave District Energy Limited

Graham HardingCounsel
1 appearance
James B. NoonanCounsel
1 appearance

for Extendicare (Canada) Inc.

Tom KitchenCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance

for IBEW, Local 586

James BarryCounsel
1 appearance
Michael GottheilCounsel
1 appearance

for John Timothy Denton and Diane Denton

Tim DentonCounsel
1 appearance

for Katalin Lanczi Pharmacy Ltd. c.o.b. as Shoppers Drug Mart

A.D.G. PurdyCounsel
1 appearance
Katalin LancziAgent
1 appearance
Susan NicholasAgent
1 appearance

for Kawartha

Lee ShouldiceCounsel
1 appearance
Lyn LintonCounsel
1 appearance
Deborah WarrenCounsel
1 appearance

for Labourers', Local 183

Mark J. LewisCounsel
1 appearance
Mario MoschellaCounsel
1 appearance
Nicholas KeresztesiCounsel
1 appearance

for Masonry Council of Unions, Toronto & Vicinity and Bricklayers Masons Independent Union of Canada, Local 1

Mark LewisCounsel
1 appearance

for MCA Concerts Canada

James KnightCounsel
1 appearance
Martin OnrotAgent
1 appearance

for MegaTech Electrical

Phil Harris Sr.Counsel
1 appearance
Simone NajgaldbergCounsel
1 appearance
Jay RiderCounsel
1 appearance

for Native Child and Family Services of Toronto

A. CraigCounsel
1 appearance
K. RichardCounsel
1 appearance
Bill McNaughtonCounsel
1 appearance
A. P. TarasukCounsel
1 appearance

for Ontario Hosiery Mfg. Co. Inc.

Donald B. JarvisCounsel
1 appearance
Bipin KhimasiaCounsel
1 appearance

for Ontario Nurses' Association

Jim FraserCounsel
1 appearance
Risa PancerCounsel
1 appearance

for Ontario Place Corporation

Michael FleishmanCounsel
1 appearance
Lou SeilerAgent
1 appearance

for Oxville and Fernbrook

Mike RiccardiAgent
1 appearance
Erin KuzzCounsel
1 appearance

for Pamela Blais

Heather MayAgent
1 appearance
Cynthia WhistonAgent
1 appearance
Dorthey SmithAgent
1 appearance
Pamela BlaisSelf-represented
1 appearance
Gena GraziottoAgent
1 appearance

for ParaMed

Sandi TannerCounsel
1 appearance

for Peter Menzies

Robert CrawfordCounsel
1 appearance
C. J. AbbassCounsel
1 appearance
Peter MenziesSelf-represented
1 appearance

for Practical Nurses Federation of Ontario

Denis W EllicksonCounsel
1 appearance
William SlyCounsel
1 appearance

for Red Cross

Sean LeighlandCounsel
1 appearance
Amanda HunterCounsel
1 appearance

for Retail Wholesale Canada, Canadian Service Sector Division of the United Steelworkers of America, Locals 414, 422, 440, 448, 461, 483, 488, 1000 and 1688

Ab PlayerUnion representative
1 appearance
Thomas CollinsUnion representative
1 appearance
Jeffrey AndrewCounsel
1 appearance
David W. T. MathesonCounsel
1 appearance
Rob LowUnion representative
1 appearance

for Saint Elizabeth Health Care - Durham Region

Peter IsraelCounsel
1 appearance
C. AndreeCounsel
1 appearance
Nancy HawkesCounsel
1 appearance

for St. Joseph's Hospital, Brantford

Stephen C. RaymondCounsel
1 appearance
Maureen DignanCounsel
1 appearance
Stephen F. GleaveCounsel
1 appearance

for the applicant

Bernard FishbeinCounsel
3 appearances
Ed OgibowskiUnion representative
3 appearances
David WrightCounsel
2 appearances
Richard BlairCounsel
2 appearances
Michael McCrearyCounsel
2 appearances
J. Ma geeAgent
1 appearance
Sherry PicciottoliUnion representative
1 appearance
Rochelle F. CantorCounsel
1 appearance
Michelle WisjmanUnion representative
1 appearance
J. James NymanCounsel
1 appearance
Robert MaskeyUnion representative
1 appearance
David ChenAgent
1 appearance
Anita WoolmanAgent
1 appearance
Donald MelvinCounsel
1 appearance
B. ChercoverCounsel
1 appearance
Kathleen SartyCounsel
1 appearance
Frank KellyUnion representative
1 appearance
Alyssa HamiltonAgent
1 appearance
Anne FaubergAgent
1 appearance
Bonnie HemmingsAgent
1 appearance

for the Applicant

Ian PriceSelf-represented
1 appearance
Self-representedSelf-represented
1 appearance
Shelley DolsonSelf-represented
1 appearance
Rosalina PapaSelf-represented
1 appearance

for the applicant and the intervenor

Tim GleasonCounsel
1 appearance
Elizabeth J. McIntyreCounsel
1 appearance

for the applicants

Bill JoyceAgent
1 appearance
Chris BoschCounsel
1 appearance
Loretta PoulinSelf-represented
1 appearance
Rebecca MillarSelf-represented
1 appearance
Bill McLarenAgent
1 appearance
Stacy FennSelf-represented
1 appearance
Felicia AduseiSelf-represented
1 appearance
Daniel CondonCounsel
1 appearance
Suzanne LamontagneSelf-represented
1 appearance
Mike ChartrandSelf-represented
1 appearance
Mike ClaussenSelf-represented
1 appearance
Joyce GuenetteSelf-represented
1 appearance
Denis IppersielAgent
1 appearance
Daniel AduseiSelf-represented
1 appearance
Charles ToveySelf-represented
1 appearance

for the Association

Marisa PollockCounsel
2 appearances
James McDonaldCounsel
1 appearance
Kelly DoctorCounsel
1 appearance

for The Brantford General Hospital

Joe BullerCounsel
1 appearance
Robert HickmanCounsel
1 appearance
Norm CroweCounsel
1 appearance

for the Canadian Union of Operating Engineers and General Workers

Steve KarikasUnion representative
1 appearance
Steve LavenderUnion representative
1 appearance
Z. GrgarUnion representative
1 appearance

for the Canadian Union of Public Employees, Local 416

B. CochraneUnion representative
1 appearance
N. McKenzieUnion representative
1 appearance
D. StylesUnion representative
1 appearance
Brian SheehanCounsel
1 appearance

for the employer

G. AnandCounsel
1 appearance
Scott BrownAgent
1 appearance
J. RoffeyCounsel
1 appearance
C. HamiltonAgent
1 appearance
M. BellAgent
1 appearance

for the Employer

Michelle LaButteAgent
52 appearances
Karen MartinAgent
13 appearances
Al. J. QuinnAgent
9 appearances
Al J. QuinnAgent
9 appearances
Emily LewisAgent
7 appearances
James ChengAgent
5 appearances
Shivani RamoutarAgent
5 appearances
Debra KyleCounsel
4 appearances
Stephanie BorcsokAgent
4 appearances
Felix LauCounsel
3 appearances
Peter DailleboustCounsel
3 appearances
Asma HatiaAgent
3 appearances
Daria VodovaCounsel
3 appearances
Jennifer CharltonAgent
2 appearances
Kelsey IyonmanaAgent
2 appearances
Daniel FogelCounsel
2 appearances
Omar ShahabCounsel
2 appearances
Regina WongCounsel
2 appearances
Ferina MurjiCounsel
2 appearances
Sia RomanidisAgent
2 appearances

for the Fort William Clinic

John JohnsonAgent
1 appearance
Fred BickfordCounsel
1 appearance

for the Group of Employees of Banlake Associates Ltd. c.o.b. as Bancroft I.G.A.

Cindy ThainSelf-represented
1 appearance
Dirk VandermeerSelf-represented
1 appearance
Bruce SevignyCounsel
1 appearance

for the interested party

Joanne L. McMahonCounsel
1 appearance
M. GroomCounsel
1 appearance
DaignaultCounsel
1 appearance

for the International Brotherhood of Electrical Workers and the International Brotherhood of Electrical Workers, Local 1687

Bruce McNamaraCounsel
1 appearance
Larry LinehamCounsel
1 appearance
Andrea BowkerCounsel
1 appearance

for the intervenor

Dawn HillisCounsel
1 appearance
Clifford J. HartCounsel
1 appearance
Nini JonesCounsel
1 appearance
Harold CaleyCounsel
1 appearance
Joan SnappAgent
1 appearance
Christopher WilsonCounsel
1 appearance
D. NewcombeCounsel
1 appearance
John MillerCounsel
1 appearance
Anna CarneyCounsel
1 appearance
N. L. JesinCounsel
1 appearance
Barbara RileyAgent
1 appearance
Charlene CatchpoleAgent
1 appearance
James K. McDonaldCounsel
1 appearance
I. James NymanCounsel
1 appearance
C. G. RiggsCounsel
1 appearance
Charles JamesAgent
1 appearance
Jay RiderCounsel
1 appearance
Patrick BourkCounsel
1 appearance
Elizabeth MitchellCounsel
1 appearance
Ron CarltonCounsel
1 appearance

for the Intervenor

Keith McDonellCounsel
1 appearance
Bob RoweCounsel
1 appearance
Anne GallopCounsel
1 appearance

for the Labourers’ International Union of North America, Ontario Provincial District Council

John MoszynskiCounsel
1 appearance

for the Ministry of Labour

Brian FukuzawaCounsel
2 appearances
Bruce ArnottCounsel
1 appearance
L. EisenbergAgent
1 appearance
Alicia Gordon-FaganCounsel
1 appearance
Joe BoeswaldCounsel
1 appearance
Robert AskinCounsel
1 appearance
Mark AlchukCounsel
1 appearance
Heidi Lazar-MeynCounsel
1 appearance
Murray KleinCounsel
1 appearance

for the objector

C. J. AbbassCounsel
2 appearances
Bernard WillerSelf-represented
1 appearance

for the objectors

Anna SmenderovaAgent
1 appearance
Ethel PerrierAgent
1 appearance
Augustine BonsuAgent
1 appearance
Mike ModyCounsel
1 appearance
Jelka SelakAgent
1 appearance
Chuck NeedhamAgent
1 appearance

for the responding parties

Richard J. CharneyCounsel
1 appearance
D. WitmerAgent
1 appearance
Anna RuddyCounsel
1 appearance
John R. McAninchCounsel
1 appearance
John D. LewisCounsel
1 appearance
Clarke MelvilleCounsel
1 appearance
Mark StoneCounsel
1 appearance
J. SharkeyCounsel
1 appearance
P. WitmerAgent
1 appearance
Robert SilbersteinCounsel
1 appearance

for the responding parties in Board File No. 3671-98-ES

Jennifer LepageSelf-represented
1 appearance
Tanya SwayneSelf-represented
1 appearance

for the responding party

James A. RenaudCounsel
1 appearance
Sonya VeinotAgent
1 appearance
Jack JulienAgent
1 appearance
Sonja McGibbonAgent
1 appearance
C. N. TurnerAgent
1 appearance
Lorraine PorCounsel
1 appearance
Bob BezaireAgent
1 appearance
Pam MillarAgent
1 appearance
Lou NieuwlandAgent
1 appearance
Isabel SmithAgent
1 appearance
Pauline Lefebvre-HintonUnion representative
1 appearance
Ian SteerAgent
1 appearance
David CowlingCounsel
1 appearance
Gail FisherAgent
1 appearance
Tony MatthewsUnion representative
1 appearance
G. F. LuborskyCounsel
1 appearance
Tracy BadgerAgent
1 appearance
Richard AnstrutherCounsel
1 appearance
Maureen O'HalloranUnion representative
1 appearance
Ray WerryAgent
1 appearance

for the responding party employee

Kevin FoxCounsel
1 appearance
Myrna OrnelasSelf-represented
1 appearance

for the responding party in Board File No. 3945-98-ES

Patrick TheriaultSelf-represented
1 appearance
Gilles LapalmeAgent
1 appearance

for the responding party Multi-Professional Support Services Inc.

Roy FilionCounsel
1 appearance
Ted UnderwoodAgent
1 appearance
Marlene IrwinAgent
1 appearance
Julie McAlpineAgent
1 appearance

for the Service Employees Union, Local 268

Glen ChochiaCounsel
1 appearance
Glen OramUnion representative
1 appearance

for the trade union

Lilly HarmerCounsel
1 appearance
Ian RolandCounsel
1 appearance

for the Union

Dan SidsworthUnion representative
87 appearances
Gregg GrayUnion representative
16 appearances
Christopher BrydenCounsel
7 appearances
Alex AndrewsUnion representative
6 appearances
Matthew HrycynaUnion representative
6 appearances
Seung ChiUnion representative
5 appearances
Richard DionneUnion representative
4 appearances
Lauren TarasukCounsel
4 appearances
Tim HanniganCounsel
3 appearances
Jane LettonCounsel
3 appearances
Ed HolmesCounsel
2 appearances
Andrew MindszenthyUnion representative
1 appearance
Amanda HunterCounsel
1 appearance
Nicole MihajlovicUnion representative
1 appearance
Emily HomeCounsel
1 appearance
John WardellUnion representative
1 appearance
Henry PereiraUnion representative
1 appearance
Mona StaplesCounsel
1 appearance
Devon PaulCounsel
1 appearance
Dean ArdronCounsel
1 appearance

for the Zancor companies

Lisa S. GoodfellowCounsel
1 appearance
Dennis ZanardoAgent
1 appearance
Nick CortellucciAgent
1 appearance

for UFCW

Kelvin KuceyCounsel
1 appearance
Ovila DagenaisAgent
1 appearance
Bill CooperAgent
1 appearance

for Unistrut Canada Limited

Carl PetersonCounsel
1 appearance
John SetoCounsel
1 appearance

for West Park Hospital

Diana NoelCounsel
1 appearance
Jean RushworthCounsel
1 appearance
Sarah A. EvesCounsel
1 appearance
Cathrine BergeCounsel
1 appearance

504

Decisions

Years active

Tribunals

1.4

cases/mo

OLRB350(69%)

OGSB154(31%)

Decision types

motion

238

trial

199

appeal

/Adjudicator

Gail Misra — Vice-Chair

Gail Misra

Vice-Chair·Ontario Labour Relations Board·Since 1994

OLRB OGSB

504

cases · 32 yrs · OLRB, OGSB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 181Arbitrator· 138Vice-Chair· 114Vice-Chair· 61Vice Chair· 4Adjudicator/Referee· 4Adjudicator· 2

Gail Misra

OLRBOntario Labour Relations BoardSep 1, 2000

Motion to add responding parties granted to avoid parallel proceedings and waste of resources.

The applicant sought to amend its application to add Kawartha Quality Care, ParaMed Health Services, and Bayshore Healthcare as responding parties.

The Board set timelines for the new responding parties to file responses and make submissions on an existing 'no prima facie case' motion.

Service Employees International Union, Local 204 v. Durham Access to Care, 2000 CanLII 13128

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardAug 28, 2000

Request for reconsideration of decision denying pre-hearing production order in construction grievance arbitration dismissed.

The applicant requested reconsideration of the Board's decision declining to issue a pre-hearing production order in a construction industry grievance arbitration.

The Board found that the applicant's reliance on jurisprudence regarding sections 69 and 1(4) applications was misplaced, as those provisions place the onus on responding parties.

The Board concluded that the reconsideration application added nothing new to the legal arguments already considered and denied the request.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 12856

Gail Misra

Time for filing employment standards appeal extended where application was mailed before deadline and arrived one day late.

The applicant filed a request for review of an Employment Standards Officer's decision one day after the 45-day statutory deadline.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing, noting that the applicant had mailed the appeal prior to the deadline.

Rita Welker v. Orlick Industries Limited and Ministry of Labour, 2000 CanLII 12969

Gail Misra

Board directed parties to file submissions on whether to extend time for a 5.5-year-late appeal.

The applicant employer filed a request for review of an Order to Pay under section 68 of the Employment Standards Act approximately five and a half years after the order was issued.

The employer claimed he could not afford to pay the requisite monies into trust at the time, and only paid the outstanding amount after his wages were garnished.

Before deciding whether to grant an extension of time for the exceptionally late application, the Board directed the Ministry of Labour and the employee to file submissions.

Timothy Tennant o/a Tri-Star Athletics v. Jeff Turner and Ministry of Labour, 2000 CanLII 12234

J. Knight

G. McMenemy

Gail Misra

Hearing cancelled and application joined with another Board file.

The applicant requested the cancellation of a scheduled hearing.

The Ontario Labour Relations Board cancelled the hearing and ordered that the application be dealt with in conjunction with another Board file.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Labourers’ International Union of North America, Local 597, 2000 CanLII 11851

J. G. Knight

G. McMenemy

Gail Misra

Board orders pre-hearing production of documents in related employer and sale of business application.

The applicant union requested an order for the production of documents prior to the commencement of a hearing into an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The Ontario Labour Relations Board ordered the responding parties to produce the requested documents in their possession, care, or control.

The Board declined to order the responding parties to provide particulars, but directed that any documents relating to those matters be produced.

Drywall Acoustic Lathing and Insulation Local 675 v. R.J. Wilcox Partitions & Ceiling Systems Inc., 2000 CanLII 13331

Gail Misra

Request for clarification of reprisal application denied; extension of time to file response granted.

The applicant filed a reprisal complaint under section 50 of the Occupational Health and Safety Act.

The responding party requested an order requiring the applicant to clarify and abbreviate the application, and sought an extension of time to file its response.

The Board found the application sufficiently clear to outline the reprisal allegations and declined to order clarification.

The Board granted the responding party an extension of time to file its response.

David M. Adams v. Jervis B. Webb Company of Canada Ltd., 2000 CanLII 12413

J. G. Knight

G. McMenemy

Gail Misra

Applications adjourned sine die on consent of the parties.

The applicant union and responding employer agreed to adjourn the applications sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the applications will be deemed terminated if no party requests to proceed.

Operative Plasterers’, Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598 v. Phoenix Restoration, a division of Phoenix Gunite Services Ltd., 2000 CanLII 10616

J. G. Knight

G. McMenemy

Gail Misra

Grievance referral terminated following parties' execution of Minutes of Settlement.

The applicant union referred a grievance to the Ontario Labour Relations Board.

Following a previous decision, the parties settled all matters in dispute and filed Minutes of Settlement.

The Board terminated the proceeding.

Universal Workers Union, Labourers' International Union of North America Local 183 v. Sebco Construction Ltd., 2000 CanLII 7277

Gail Misra

Application withdrawn with leave of the Board following a settlement between the parties.

The applicant sought to withdraw her application against McLarens Toplis Canada and the Ministry of Labour following a settlement reached between the parties.

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

Dawn Peters v. McLarens Toplis Canada and Ministry of Labour, 2000 CanLII 5491

Gail Misra

Employment Standards Act appeal resolved by Minutes of Settlement with funds disbursed accordingly.

The applicant employer appealed an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

Great White Productions Inc. v. Jeffrey Davidson and Ministry of Labour, 2000 CanLII 5141

Gail Misra

Extension of time to file response granted on consent.

The responding party requested an extension of time to file its response.

With the consent of the applicants, the Board granted the request and extended the filing deadline to August 25, 2000.

Bartlett v. Canadian Union of Public Employees (CUPE) Local Sub-Unit 1146, 2000 CanLII 3352

J. G. Knight

G. McMenemy

Gail Misra

Employer ordered to pay unpaid wages and costs in default grievance referral proceeding.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the employer bound by the provincial collective agreement and ordered it to pay the unpaid wages, costs, and filing fees.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Solutions Ltd., 2000 CanLII 2358

Gail Misra

Board directs Ministry submissions on employer's request to extend time for late Employment Standards Act appeal.

The employer filed an appeal of an Order to Pay under the Employment Standards Act more than 45 days after its issuance.

The employer requested an extension of time, citing a convoluted explanation that implicated the Employment Standards Officer.

The Board directed the Ministry of Labour to provide submissions on the extension request and required proof of payment into trust before proceeding.

Bruce Edmeades Sales Limited v. Mark Lichti, 2000 CanLII 13382

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

The applicant, United Brotherhood of Carpenters and Joiners of America, Local 494, sought to withdraw its application against Mady Development Corporation.

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

United Brotherhood of Carpenters and Joiners of America, Local 494 v. Mady Development Corporation, 2000 CanLII 8930

Gail Misra

Application for review of Order to Pay resolved by Minutes of Settlement.

The applicant employer sought 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 $9,000 to the employee and retain a $1,000 administration fee, in accordance with the settlement.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist.

Lofthouse Brass Mfg. v. Debbie Litster and Ministry of Labour, 2000 CanLII 6808

J. G. Knight

G. McMenemy

Gail Misra

Employer found in violation of collective agreement for hiring non-union workers in default proceeding.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board declared the responding party bound by the collective agreement, found it in violation, and ordered it to pay damages and produce payroll records for assessment of quantum.

Universal Workers Union, Labourers' International Union of North America Local 183 v. Sebco Construction Ltd., 2000 CanLII 6675

Gail Misra

Application withdrawn with leave of the Board.

The applicant union requested to withdraw its application against the responding employer and the Ministry of Labour.

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

Ontario Public Service Employees Union v. Monteith Correctional Complex, 2000 CanLII 1434

J. G. Knight

G. McMenemy

Gail Misra

Board orders production of specific invoices and subcontracting records in pre-hearing motion.

The applicant union sought an order compelling the responding parties to produce additional documents prior to the hearing, complaining of non-compliance with a previous production order.

The Board declined to issue an order compelling compliance with the previous order, noting the applicant could pursue contempt proceedings.

International Union of Bricklayers and Allied Craftworkers, Local 6 v. Marathon-Delco Inc., 2000 CanLII 13094

Gail Misra