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 the formal application on the proper forms as required by the Board's Rules of Procedure.

The Board notified the applicant of the deficiency and set a 10-day deadline to file the required forms.

The applicant failed to meet the deadline, and the Board terminated the application.

Telespectrum Worldwide (Canada) Inc. v. Derek Goupil and Ministry of Labour, 2000 CanLII 12771

Gail Misra

Employment standards appeal terminated due to applicant's failure to file required forms.

The applicant advised the Board of its intent to appeal an Order to Pay but failed to file a formal application.

The Board directed the applicant to file the required forms within 10 working days.

When the deadline passed without the applicant filing the forms, the Board terminated the matter.

Telespectrum Worldwide (Canada) Inc. v. Paul Dionne and Ministry of Labour, 2000 CanLII 12770

J. G. Knight

G. McMenemy

Gail Misra

Application adjourned sine die on consent of the parties.

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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Brandon Drywall Limited, 2000 CanLII 10459

J. G. Knight

G. McMenemy

Gail Misra

Union certified as bargaining agent following successful representation vote.

The applicant trade union applied for certification.

Following a representation vote where more than 50 per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board issued certificates to the applicant for the industrial, commercial and institutional sector, and for all other sectors in the specified geographic areas.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Boyd Electric Company Limited, 2000 CanLII 8054

J. G. Knight

G. McMenemy

Gail Misra

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

The applicant union and responding party 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.

Drywall Acoustic Lathing and Insulation Local 675 v. Drago Kureva c.o.b. as K.D. Acoustics, 2000 CanLII 3944

Gail Misra

Employment standards appeal dismissed as untimely after applicant failed to explain delay.

The applicant sought to appeal a decision of an Employment Standards Officer.

The application was filed after the 45-day statutory deadline.

The Board requested reasons for the delay, but the applicant failed to respond.

Without any explanation or request for an extension, the Board declined to exercise its discretion to extend the time limit and dismissed the application as untimely.

Roland H. White v. Multistaff and Ministry of Labour, 2000 CanLII 12669

J. G. Knight

G. McMenemy

Gail Misra

Default judgment denied in grievance referral due to lack of evidence of a binding collective agreement.

The applicant union referred a construction industry grievance to arbitration.

The responding party failed to file a Notice of Intent to Defend.

However, the Board declined to issue a default judgment because the applicant failed to provide evidence that the responding party was bound to a collective agreement.

The scheduled hearing was ordered to proceed.

Sheet Metal Worker’s International Association, Local 269 v. LeBlanc Ventilation Inc., 2000 CanLII 12668

Gail Misra

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

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

The application was filed past the 45-day time limit and the employer failed to pay the amount of the Order into trust with the Director of Employment Standards.

Despite being given an opportunity to perfect the application, the employer did not make the required payment.

The Board dismissed the application, noting it has no discretion to proceed with a review unless the monies are paid into trust as mandated by section 68(7) of the Act.

898056 Ontario Limited o/a E.G. Dent & Sons v. Robert Bouchard and Ministry of Labour, 2000 CanLII 12662

Gail Misra

Time for filing Director's appeal extended due to Ministry's delay in sending the Order.

The applicant filed a Director's appeal of an Order to Pay under section 68 of the Employment Standards Act.

The application was filed beyond the 45-day statutory time limit.

However, the Employment Standards Officer had delayed sending the Order to the applicant by three weeks.

The Board exercised its discretion under section 68(4) of the Act to extend the time for filing, finding that the applicant had reasonable grounds to believe his application was timely.

Mark Lockwood, A Director of 1100108 Ontario Ltd. o/a Casino Country v. Doina Cambrea et al and Ministry of Labour, 2000 CanLII 11941

Gail Misra

Board ordered disbursement of trust funds in accordance with parties' Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $610.20 returned to the employer, $305.00 paid to the employee, and a $100.00 administration fee retained by the Consolidated Revenue Fund.

The application was deemed terminated absent any objection from the Ministry of Labour.

1198937 Ontario Inc. operating as Renaissance Salon & Esthetique v. Lorraine Marchese and Ministry of Labour, 2000 CanLII 6018

Gail Misra

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

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 Board ordered the disbursement of the funds held in trust by the Director, with $3,200.00 to the employee and $1,292.80 returned to the employer, and the administration fee retained by the Consolidated Revenue Fund.

Charlestown Residential School v. Margaret Shinniman and Ministry of Labour, 2000 CanLII 13592

J. G. Knight

G. McMenemy

Gail Misra

Board issues consent order declaring responding parties as successor and related employers bound by collective agreement.

The applicant union filed applications under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred construction industry grievances to arbitration under section 133.

The parties resolved all issues by Minutes of Settlement.

The Board issued a consent order declaring that the responding parties are successor and related employers bound by the applicable collective agreement.

The Board also found that the responding parties violated the collective agreement, ordered payment of $35,000 in damages, and directed the delivery of an irrevocable letter of credit for $15,000 to secure payment for any future violations.

International Brotherhood of Electrical Workers v. Harry Pope & Sons Limited, 2000 CanLII 12906

Gail Misra

Application terminated following settlement between the parties.

The applicant filed an application against the responding parties.

The parties reached a settlement, and the Ontario Labour Relations Board subsequently terminated the application.

Maria Stella Gallo v. Savana Coiffures o/a L’Attitudes, 2000 CanLII 7453

Gail Misra

Application terminated following settlement between the parties.

The applicant filed an application against the responding parties.

The parties subsequently reached a settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

Eva Ford v. Allanson International Inc., 2000 CanLII 6488

Gail Misra

Application withdrawn with leave of the Board.

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

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

Marie Bennett v. Miclin Management Services and Ministry of Labour, 2000 CanLII 4123

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Labourers’ International Union of North America, Local 527 v. Niviob Maçonnerie Inc., 2000 CanLII 1969

Gail Misra

OLRBOntario Labour Relations BoardJun 7, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 663 v. J. G. W. Holdings (Sarnia) Inc. carrying on business as Cope Construction Company, 2000 CanLII 4829

J. Ronson

OLRBUnanimous0 cases1981–2000

Gail Misra

OLRBUnanimous0 cases1986–2000

D. Patterson

OLRBOntario Labour Relations BoardJun 6, 2000

Responding party directed to elect whether to call evidence before Board considers non-suit motion.

The responding party brought a non-suit motion.

The Ontario Labour Relations Board directed the responding party to elect whether or not it will call evidence before the Board proceeds to consider the non-suit motion.

The responding party was given 10 days to advise the Board and the applicant of its decision.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 127 v. Brad-Lea Meadows Limited c.o.b. Best Western Wheels Inn Resort & Conference Centre, 2000 CanLII 11824

J. G. Knight

G. McMenemy

Gail Misra

OLRBOntario Labour Relations BoardJun 5, 2000

Board grants withdrawal of one grievance and adjourns others pending related decision.

The applicant requested to withdraw one grievance application and adjourn five others pending the outcome of a related file before another panel of the Board.

The Board granted the withdrawal with leave and adjourned the remaining files, directing the applicant to advise the Board within 30 days of the related decision whether it intends to proceed.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 12393

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

J. Knight

G. McMenemy

Gail Misra

Pre-hearing document production ordered against responding party but denied against non-party.

The applicant union requested pre-hearing production of documents to prove the quantum of damages in a construction industry grievance.

The Ontario Labour Relations Board ordered the responding party to produce invoices, contracts, and payroll records related to the disputed work.

However, the Board declined to order a non-party to produce documents in advance of the hearing, noting its jurisdiction to compel pre-hearing production applies only to parties to the proceeding.

International Union of Bricklayers and Allied Craftsmen, Local 6 v. Marathon Delco Inc., 2000 CanLII 12805

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 the formal application on the proper forms as required by the Board's Rules of Procedure.

The Board notified the applicant of the deficiency and set a 10-day deadline to file the required forms.

The applicant failed to meet the deadline, and the Board terminated the application.

Telespectrum Worldwide (Canada) Inc. v. Derek Goupil and Ministry of Labour, 2000 CanLII 12771

Gail Misra

Employment standards appeal terminated due to applicant's failure to file required forms.

The applicant advised the Board of its intent to appeal an Order to Pay but failed to file a formal application.

The Board directed the applicant to file the required forms within 10 working days.

When the deadline passed without the applicant filing the forms, the Board terminated the matter.

Telespectrum Worldwide (Canada) Inc. v. Paul Dionne and Ministry of Labour, 2000 CanLII 12770

J. G. Knight

G. McMenemy

Gail Misra

Application adjourned sine die on consent of the parties.

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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Brandon Drywall Limited, 2000 CanLII 10459

J. G. Knight

G. McMenemy

Gail Misra

Union certified as bargaining agent following successful representation vote.

The applicant trade union applied for certification.

International Brotherhood of Electrical Workers, Construction Council of Ontario v. Boyd Electric Company Limited, 2000 CanLII 8054

J. G. Knight

G. McMenemy

Gail Misra

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

The applicant union and responding party 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.

Drywall Acoustic Lathing and Insulation Local 675 v. Drago Kureva c.o.b. as K.D. Acoustics, 2000 CanLII 3944

Gail Misra

Employment standards appeal dismissed as untimely after applicant failed to explain delay.

The applicant sought to appeal a decision of an Employment Standards Officer.

The application was filed after the 45-day statutory deadline.

The Board requested reasons for the delay, but the applicant failed to respond.

Without any explanation or request for an extension, the Board declined to exercise its discretion to extend the time limit and dismissed the application as untimely.

Roland H. White v. Multistaff and Ministry of Labour, 2000 CanLII 12669

J. G. Knight

G. McMenemy

Gail Misra

Default judgment denied in grievance referral due to lack of evidence of a binding collective agreement.

The applicant union referred a construction industry grievance to arbitration.

The responding party failed to file a Notice of Intent to Defend.

However, the Board declined to issue a default judgment because the applicant failed to provide evidence that the responding party was bound to a collective agreement.

The scheduled hearing was ordered to proceed.

Sheet Metal Worker’s International Association, Local 269 v. LeBlanc Ventilation Inc., 2000 CanLII 12668

Gail Misra

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

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

The application was filed past the 45-day time limit and the employer failed to pay the amount of the Order into trust with the Director of Employment Standards.

Despite being given an opportunity to perfect the application, the employer did not make the required payment.

The Board dismissed the application, noting it has no discretion to proceed with a review unless the monies are paid into trust as mandated by section 68(7) of the Act.

898056 Ontario Limited o/a E.G. Dent & Sons v. Robert Bouchard and Ministry of Labour, 2000 CanLII 12662

Gail Misra

Time for filing Director's appeal extended due to Ministry's delay in sending the Order.

The applicant filed a Director's appeal of an Order to Pay under section 68 of the Employment Standards Act.

The application was filed beyond the 45-day statutory time limit.

However, the Employment Standards Officer had delayed sending the Order to the applicant by three weeks.

The Board exercised its discretion under section 68(4) of the Act to extend the time for filing, finding that the applicant had reasonable grounds to believe his application was timely.

Mark Lockwood, A Director of 1100108 Ontario Ltd. o/a Casino Country v. Doina Cambrea et al and Ministry of Labour, 2000 CanLII 11941

Gail Misra

Board ordered disbursement of trust funds in accordance with parties' Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

The application was deemed terminated absent any objection from the Ministry of Labour.

1198937 Ontario Inc. operating as Renaissance Salon & Esthetique v. Lorraine Marchese and Ministry of Labour, 2000 CanLII 6018

Gail Misra

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

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

The workplace parties entered into Minutes of Settlement.

Charlestown Residential School v. Margaret Shinniman and Ministry of Labour, 2000 CanLII 13592

J. G. Knight

G. McMenemy

Gail Misra

Board issues consent order declaring responding parties as successor and related employers bound by collective agreement.

The applicant union filed applications under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred construction industry grievances to arbitration under section 133.

The parties resolved all issues by Minutes of Settlement.

The Board issued a consent order declaring that the responding parties are successor and related employers bound by the applicable collective agreement.

International Brotherhood of Electrical Workers v. Harry Pope & Sons Limited, 2000 CanLII 12906

Gail Misra

Application terminated following settlement between the parties.

The applicant filed an application against the responding parties.

The parties reached a settlement, and the Ontario Labour Relations Board subsequently terminated the application.

Maria Stella Gallo v. Savana Coiffures o/a L’Attitudes, 2000 CanLII 7453

Gail Misra

Application terminated following settlement between the parties.

The applicant filed an application against the responding parties.

The parties subsequently reached a settlement.

Having regard to the settlement, the Ontario Labour Relations Board terminated the application.

Eva Ford v. Allanson International Inc., 2000 CanLII 6488

Gail Misra

Application withdrawn with leave of the Board.

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

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

Marie Bennett v. Miclin Management Services and Ministry of Labour, 2000 CanLII 4123

J. G. Knight

G. McMenemy

Gail Misra

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

Labourers’ International Union of North America, Local 527 v. Niviob Maçonnerie Inc., 2000 CanLII 1969

Gail Misra

OLRBOntario Labour Relations BoardJun 7, 2000

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application.

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

The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 663 v. J. G. W. Holdings (Sarnia) Inc. carrying on business as Cope Construction Company, 2000 CanLII 4829

J. Ronson

OLRBUnanimous0 cases1981–2000

Gail Misra

OLRBUnanimous0 cases1986–2000

D. Patterson

OLRBOntario Labour Relations BoardJun 6, 2000

Responding party directed to elect whether to call evidence before Board considers non-suit motion.

The responding party brought a non-suit motion.

The Ontario Labour Relations Board directed the responding party to elect whether or not it will call evidence before the Board proceeds to consider the non-suit motion.

The responding party was given 10 days to advise the Board and the applicant of its decision.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 127 v. Brad-Lea Meadows Limited c.o.b. Best Western Wheels Inn Resort & Conference Centre, 2000 CanLII 11824

J. G. Knight

G. McMenemy

Gail Misra