Gail Misra

Application for review of Order to Pay terminated following execution of Minutes of Settlement.

The applicants sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The parties executed Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the $7,270.06 held in trust by the Director, with $6,414.89 returned to the employer, $194.26 paid to an employee, and $660.91 retained by the Consolidated Revenue Fund as an administration fee.

The application was terminated in accordance with section 69.1(5) of the Act.

5-0 Luxury Rental Inc. et al. v. Susan Villeneuve, et al, 2000 CanLII 11995

Board grants confidentiality order and permits redaction of irrelevant information in document production.

The responding parties in a labour relations proceeding requested confidentiality and redaction orders regarding their document production.

The Ontario Labour Relations Board ordered that all produced documents be kept entirely confidential and used solely for the proceedings.

The Board permitted the responding parties to redact confidential information they reasonably believed to be irrelevant, provided the unredacted documents were brought to the hearing for review in case of a challenge.

The Board also ordered the applicants to return all produced documents at the conclusion of the proceedings, at their own expense.

Carpenters and Allied Workers Local 27 v. Canning Contracting Limited, 2000 CanLII 11717

J. G. Knight

G. McMenemy

Gail Misra

Representation vote directed in construction industry certification application.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party claimed it had no employees performing bargaining unit work on the application date.

The Board found that the applicant appeared to have the requisite membership support and defined the appropriate bargaining unit.

The Board directed that a representation vote be taken among the eligible individuals in the voting constituency.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Optex Staging & Services Inc., 2000 CanLII 7812

Gail Misra

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

The applicants 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 disbursement of the $10,429.76 held in trust by the Director, with specific amounts paid to the employer, four employees, and the Consolidated Revenue Fund for the administration fee.

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

Frank R. Moser Investments Inc. v. Hogarth, 2000 CanLII 4147

Gail Misra

Board deferred preliminary issues raised by responding party to the hearing panel.

The applicant referred a construction industry grievance to arbitration.

The responding party raised several issues in a letter but failed to file a Notice of Intent to Defend.

The Board declined to address the issues at this preliminary stage, deferring them to the panel that will hear the matter if it proceeds to a hearing.

Construction Workers Local 52 v. MegaTech Contracting International Ltd., 2000 CanLII 13402

Gail Misra

Extension of time to file employment standards appeal granted due to applicant's unexpected childbirth.

The applicant filed an appeal of an Employment Standards Officer's decision two days after the 45-day statutory deadline.

She explained that she mailed the appeal on the last possible day but was delayed due to unexpectedly giving birth.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the filing deadline and accepted the application.

Karla Green v. 1380221 Ontario Ltd. o/a Petro Canada and Ministry of Labour, 2000 CanLII 12863

J. G. Knight

G. McMenemy

Gail Misra

Board declines to make further document production orders prior to hearing.

The applicant union wrote to the Board complaining that the responding parties failed to provide the level of document production previously ordered.

The Board noted that counsel for one of the responding parties indicated they possessed no documentation and had no control over the other companies.

The Board declined to make further orders at this time, directing the applicant to raise any remaining concerns regarding production at the hearing.

Carpenters and Allied Workers Local 27 v. Sir Forming Limited, 2000 CanLII 12840

Gail Misra

Request for pre-hearing production order in construction industry grievance referral denied.

The applicant union requested a pre-hearing production order in a construction industry grievance referral under section 133 of the Labour Relations Act, 1995.

The Ontario Labour Relations Board declined the request, noting that it does not routinely issue pre-hearing production orders in such referrals and saw no particular reason to do so in this case.

The Board advised the applicant that it could summons the information for the day of the hearing.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Atlantic HVAC Systems Ltd., 2000 CanLII 12524

Gail Misra

Reconsideration request dismissed for failure to file in accordance with the Rules of Procedure.

The applicant sought reconsideration of a decision terminating its application for failing to make submissions regarding untimeliness.

The Board advised the applicant to file its request in accordance with the Rules of Procedure and provided the necessary forms.

The applicant failed to file anything further.

The Board found there was no valid reconsideration request and confirmed the termination of the matter.

Art D’Eau Ltd. v. Qiang (Solon) Zhou and Ministry of Labour, 2000 CanLII 12028

Gail Misra

Appeal of Order to Pay terminated due to applicant's failure to file required forms.

The applicant sought to appeal an Order to Pay but failed to file a formal application.

The Board sent a letter requiring the applicant to file the proper forms within 10 working days.

The applicant failed to do so, and the Board terminated the application.

1312950 Ontario Limited o/a Herbal Magic Systems v. Ministry of Labour, 2000 CanLII 12000

J. G. Knight

G. McMenemy

Gail Misra

Consent adjournment sine die granted for a period not exceeding one year.

The applicant union and responding employer 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 application will be deemed terminated if no party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Metro Geranium Partnership Ltd., 2000 CanLII 3131

J. A. Rundle

H. Peacock

Gail Misra

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

The applicant union and responding employer 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 neither party requests to proceed.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 8860

J. A. Rundle

H. Peacock

Gail Misra

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

The applicant union filed an application against the responding party employer before the Ontario Labour Relations Board.

The parties subsequently reached a settlement agreement.

Having regard to the settlement, the Board granted leave for the application to be withdrawn.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 7607

Gail Misra

Board approves settlement regarding Employment Standards Act Order to Pay for one employee.

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

The applicant and one of the responding employees, Carlos Altedill, resolved their dispute via Minutes of Settlement.

The Board ordered the Director of Employment Standards to release $900 plus accrued interest to Mr. Altedill from the funds held in trust.

The application regarding the other employee, Carlos Medeiros, remains unresolved and will proceed to a hearing.

Matrix Automotive Ltd. v. Altedill, 2000 CanLII 13167

J. G. Knight

G. McMenemy

Gail Misra

Request for pre-hearing document production in a section 133 grievance denied.

The applicant union requested an order for pre-hearing production of itemized documents in a section 133 grievance.

The Board declined to make the order, noting there is no legislated requirement for pre-hearing production in such grievances and the union could issue a summons for the documents needed at the hearing.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 13066

J. G. Knight

G. McMenemy

Gail Misra

Board declines to order pre-hearing document production in a section 133 construction industry grievance.

The applicant union requested an order for pre-hearing production of itemized documents in a section 133 grievance under the Labour Relations Act, 1995.

The Ontario Labour Relations Board declined to make the order, noting there is no legislated requirement for an employer to provide pre-hearing production in such grievances.

The Board advised that the union could issue a summons to the responding party for the required documents at the hearing.

Labourers’ International Union of North America, Local 1059 v. Eton Construction (Canada) Inc., 2000 CanLII 13064

Gail Misra

Employment standards application withdrawn following settlement; trust monies released to applicant.

The applicant brought an application regarding an employment standards matter.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director of Employment Standards to release all monies held in trust, less the administrative fee, to the applicant.

The application was withdrawn with leave of the Board.

The Corporation of the City of Mississauga v. Irene Petrunti, 2000 CanLII 12652

Gail Misra

Application for review of Order to Pay dismissed for failure to pay amount into trust.

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

However, the applicant failed to pay the amount of the Order into trust with the Director of Employment Standards within the required 45-day period.

As section 68(7) of the Act mandates payment into trust as a precondition for review, and the Board has no discretion to waive this requirement, the application was dismissed.

Vincenza Dellasiepe o/a Express Haulage v. David Dunphy and Ministry of Labour, 2000 CanLII 12064

Gail Misra

Board grants nine-day extension of time to file employment standards appeal.

The applicant employee requested a review of an Employment Standards Officer's decision not to issue an order.

The application was filed nine days late due to a misunderstanding.

The Ministry of Labour did not object to an extension, and the employer made no submissions.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing the application.

Orlando Amorim v. Triwin Industries Inc., 2000 CanLII 11788

Gail Misra

OLRBOntario Labour Relations BoardAug 1, 2000

Application withdrawn with leave of the Board following settlement.

The applicant union sought to withdraw its application following a settlement reached between the parties.

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

Hotel Employees Restaurant Employees Union, Local 75 v. Fran Restaurant Ontario Ltd. 1196197, 2000 CanLII 13361

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

Employment and Labour Law

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

Application for review of Order to Pay terminated following execution of Minutes of Settlement.

The applicants sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The parties executed Minutes of Settlement.

The application was terminated in accordance with section 69.1(5) of the Act.

5-0 Luxury Rental Inc. et al. v. Susan Villeneuve, et al, 2000 CanLII 11995

J. G. Knight

G. McMenemy

Gail Misra

Board grants confidentiality order and permits redaction of irrelevant information in document production.

The responding parties in a labour relations proceeding requested confidentiality and redaction orders regarding their document production.

The Ontario Labour Relations Board ordered that all produced documents be kept entirely confidential and used solely for the proceedings.

The Board also ordered the applicants to return all produced documents at the conclusion of the proceedings, at their own expense.

Carpenters and Allied Workers Local 27 v. Canning Contracting Limited, 2000 CanLII 11717

J. G. Knight

G. McMenemy

Gail Misra

Representation vote directed in construction industry certification application.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party claimed it had no employees performing bargaining unit work on the application date.

The Board found that the applicant appeared to have the requisite membership support and defined the appropriate bargaining unit.

The Board directed that a representation vote be taken among the eligible individuals in the voting constituency.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Optex Staging & Services Inc., 2000 CanLII 7812

Gail Misra

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

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

Frank R. Moser Investments Inc. v. Hogarth, 2000 CanLII 4147

Gail Misra

Board deferred preliminary issues raised by responding party to the hearing panel.

The applicant referred a construction industry grievance to arbitration.

The responding party raised several issues in a letter but failed to file a Notice of Intent to Defend.

The Board declined to address the issues at this preliminary stage, deferring them to the panel that will hear the matter if it proceeds to a hearing.

Construction Workers Local 52 v. MegaTech Contracting International Ltd., 2000 CanLII 13402

Gail Misra

Extension of time to file employment standards appeal granted due to applicant's unexpected childbirth.

The applicant filed an appeal of an Employment Standards Officer's decision two days after the 45-day statutory deadline.

She explained that she mailed the appeal on the last possible day but was delayed due to unexpectedly giving birth.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the filing deadline and accepted the application.

Karla Green v. 1380221 Ontario Ltd. o/a Petro Canada and Ministry of Labour, 2000 CanLII 12863

J. G. Knight

G. McMenemy

Gail Misra

Board declines to make further document production orders prior to hearing.

The applicant union wrote to the Board complaining that the responding parties failed to provide the level of document production previously ordered.

The Board noted that counsel for one of the responding parties indicated they possessed no documentation and had no control over the other companies.

The Board declined to make further orders at this time, directing the applicant to raise any remaining concerns regarding production at the hearing.

Carpenters and Allied Workers Local 27 v. Sir Forming Limited, 2000 CanLII 12840

Gail Misra

Request for pre-hearing production order in construction industry grievance referral denied.

The applicant union requested a pre-hearing production order in a construction industry grievance referral under section 133 of the Labour Relations Act, 1995.

The Ontario Labour Relations Board declined the request, noting that it does not routinely issue pre-hearing production orders in such referrals and saw no particular reason to do so in this case.

The Board advised the applicant that it could summons the information for the day of the hearing.

The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46 v. Atlantic HVAC Systems Ltd., 2000 CanLII 12524

Gail Misra

Reconsideration request dismissed for failure to file in accordance with the Rules of Procedure.

The applicant sought reconsideration of a decision terminating its application for failing to make submissions regarding untimeliness.

The Board advised the applicant to file its request in accordance with the Rules of Procedure and provided the necessary forms.

The applicant failed to file anything further.

The Board found there was no valid reconsideration request and confirmed the termination of the matter.

Art D’Eau Ltd. v. Qiang (Solon) Zhou and Ministry of Labour, 2000 CanLII 12028

Gail Misra

Appeal of Order to Pay terminated due to applicant's failure to file required forms.

The applicant sought to appeal an Order to Pay but failed to file a formal application.

The Board sent a letter requiring the applicant to file the proper forms within 10 working days.

The applicant failed to do so, and the Board terminated the application.

1312950 Ontario Limited o/a Herbal Magic Systems v. Ministry of Labour, 2000 CanLII 12000

J. G. Knight

G. McMenemy

Gail Misra

Consent adjournment sine die granted for a period not exceeding one year.

The applicant union and responding employer 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 application will be deemed terminated if no party requests to proceed.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Metro Geranium Partnership Ltd., 2000 CanLII 3131

J. A. Rundle

H. Peacock

Gail Misra

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

The applicant union and responding employer 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 neither party requests to proceed.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 8860

J. A. Rundle

H. Peacock

Gail Misra

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

The applicant union filed an application against the responding party employer before the Ontario Labour Relations Board.

The parties subsequently reached a settlement agreement.

Having regard to the settlement, the Board granted leave for the application to be withdrawn.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Trebor Allan Inc., 2000 CanLII 7607

Gail Misra

Board approves settlement regarding Employment Standards Act Order to Pay for one employee.

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

The applicant and one of the responding employees, Carlos Altedill, resolved their dispute via Minutes of Settlement.

The Board ordered the Director of Employment Standards to release $900 plus accrued interest to Mr. Altedill from the funds held in trust.

The application regarding the other employee, Carlos Medeiros, remains unresolved and will proceed to a hearing.

Matrix Automotive Ltd. v. Altedill, 2000 CanLII 13167

J. G. Knight

G. McMenemy

Gail Misra

Request for pre-hearing document production in a section 133 grievance denied.

The applicant union requested an order for pre-hearing production of itemized documents in a section 133 grievance.

Brick and Allied Craft Union of Canada, Local 5 v. Hyde Park Masonry Limited, 2000 CanLII 13066

J. G. Knight

G. McMenemy

Gail Misra

Board declines to order pre-hearing document production in a section 133 construction industry grievance.

The applicant union requested an order for pre-hearing production of itemized documents in a section 133 grievance under the Labour Relations Act, 1995.

The Ontario Labour Relations Board declined to make the order, noting there is no legislated requirement for an employer to provide pre-hearing production in such grievances.

The Board advised that the union could issue a summons to the responding party for the required documents at the hearing.

Labourers’ International Union of North America, Local 1059 v. Eton Construction (Canada) Inc., 2000 CanLII 13064

Gail Misra

Employment standards application withdrawn following settlement; trust monies released to applicant.

The applicant brought an application regarding an employment standards matter.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board ordered the Director of Employment Standards to release all monies held in trust, less the administrative fee, to the applicant.

The application was withdrawn with leave of the Board.

The Corporation of the City of Mississauga v. Irene Petrunti, 2000 CanLII 12652

Gail Misra

Application for review of Order to Pay dismissed for failure to pay amount into trust.

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

However, the applicant failed to pay the amount of the Order into trust with the Director of Employment Standards within the required 45-day period.

As section 68(7) of the Act mandates payment into trust as a precondition for review, and the Board has no discretion to waive this requirement, the application was dismissed.

Vincenza Dellasiepe o/a Express Haulage v. David Dunphy and Ministry of Labour, 2000 CanLII 12064

Gail Misra

Board grants nine-day extension of time to file employment standards appeal.

The applicant employee requested a review of an Employment Standards Officer's decision not to issue an order.

The application was filed nine days late due to a misunderstanding.

The Ministry of Labour did not object to an extension, and the employer made no submissions.

The Board exercised its discretion under section 68(4) of the Employment Standards Act to extend the time for filing the application.

Orlando Amorim v. Triwin Industries Inc., 2000 CanLII 11788

Gail Misra