Harry Freedman

OLRBOntario Labour Relations BoardSep 13, 2000

Board referred appeal of stop work order to mediation and expedited the process.

The appellant filed an appeal of an inspector's decision refusing to revoke a stop work order at a mine site, along with an application to suspend the order.

The appellant requested an expedited process and the immediate appointment of a labour relations officer for mediation, citing undue hardship.

The Board referred the matters to the Manager of Field Services to appoint a labour relations officer forthwith for mediation, without affecting the responding parties' obligation to file a response.

Extender Minerals of Canada Ltd. v. Boudreault, 2000 CanLII 10415

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardSep 13, 2000

Employer's request to be removed as a responding party in a jurisdictional dispute dismissed.

The employer, On-Site Group Inc., requested to be removed as a responding party in two work assignment complaints filed by the Ironworkers union.

The employer argued the dispute was a long-standing jurisdictional issue between two unions beyond its control.

The Board dismissed the request, finding that because the employer assigned and performed the disputed work, it was a directly affected person and a proper responding party.

The Board noted the employer could choose whether or not to participate by filing a response.

International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 736 v. The On-Site Group Inc., 2000 CanLII 8506

Harry Freedman

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions in default grievance 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 post a $50,000 bond for repeated delinquent benefit contributions as required by the provincial collective agreement.

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

Proceeding by default, the Board accepted the applicant's facts, declared the employer in violation of the collective agreement, and ordered the employer to deliver the bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675 v. Aspen Drywall Inc., 2000 CanLII 8393

Harry Freedman

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions in default grievance 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 post a $50,000 bond for delinquent contributions as required by the collective agreement.

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

Proceeding by default, the Board accepted the applicant's facts, declared the employer in violation of the collective agreement, and ordered the employer to post the bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Alcor Investment Group Inc., 2000 CanLII 9616

Harry Freedman

Application for review of Order to Pay dismissed for late filing without explanation.

The applicant filed an application for review of an Order to Pay under the Employment Standards Act after the 45-day time limit had expired.

The Board's Registrar advised the applicant of the late filing and invited submissions on why an extension of time should be granted.

The applicant provided proof of payment but no explanation for the delay or request for an extension.

The Board found no proper basis to extend the time and dismissed the application.

Victoria Harbour Building Corporation v. Graham, 2000 CanLII 1638

Harry Freedman

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent benefit contributions in default grievance 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 post a $50,000 bond after being deemed a delinquent employer for late benefit contributions.

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

Proceeding by way of default, the Board deemed the facts in the application to be true, found the employer violated the provincial collective agreement, and ordered the employer to post the required bond and pay costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Country Drywall 2000 Corp., 2000 CanLII 8948

Harry Freedman

Application for review terminated following written settlement between the employer and employee.

The applicant sought a review of an Employment Standards Officer's decision under section 68 of the Employment Standards Act.

The employer and employee entered into written Minutes of Settlement with the assistance of a Labour Relations Officer.

As the settlement disposed of all issues in dispute, the Board terminated the application in accordance with subsection 69.1(5) of the Act.

Gauthier v. 1193573 Ontario Inc. o/a A-1 Convenience Plus, 2000 CanLII 4835

Harry Freedman

G. Pickell

G. McMenemy

Employer ordered to post $50,000 bond for delinquent contributions after failing to respond to grievance referral.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to post a $50,000 bond for delinquent benefit contributions as required by the collective agreement.

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 the facts stated in the application.

The Board found the employer violated the collective agreement, ordered it to post the bond, and awarded costs to the applicant.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. City Acoustics Limited, 2000 CanLII 8229

Harry Freedman

Application for review remains dismissed despite late payment of the Order to Pay amount.

The applicant filed an application for review under the Employment Standards Act, which was previously dismissed by the Board due to the applicant's failure to pay the amount required by the Order to Pay.

The applicant subsequently mailed a cheque for the required amount.

The Board held that since the application had already been dismissed, there was nothing further to be done, and the application remains dismissed.

Vincenza Dellasiepe o/a Express Haulage v. David Dunphy, 2000 CanLII 2897

Harry Freedman

OLRBOntario Labour Relations BoardSep 11, 2000

Employment standards application withdrawn at the request of the applicant.

The applicant requested to withdraw her employment standards application against the responding parties.

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

Donna Dominic v. George Kelk Corp., 2000 CanLII 10314

Harry Freedman

OLRBOntario Labour Relations BoardAug 31, 2000

Allegations of witness intimidation and breach of exclusion order referred for expedited hearing.

The applicant union filed applications alleging unfair labour practices and seeking consent to institute a prosecution against the responding party.

The union alleged that the responding party intimidated a witness and breached an order excluding witnesses in an ongoing proceeding before the Board.

Given the serious nature of the allegations affecting the integrity of the hearing process, the Vice-Chair directed the Registrar to list the matters for a one-day hearing prior to the continuation of the main proceeding.

International Brotherhood of Boilermakers, Ironship Builders, Blacksmiths, Forgers and Helpers, Local 128 v. McKeary, 2000 CanLII 5235

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardAug 28, 2000

Grievance referral withdrawn at the request of the applicant.

The applicant requested to withdraw its referral of a grievance to the Board.

The Board granted the request and the referral was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675 United Brotherhood of Carpenters and Joiners of America v. Marin Contracting Limited and New General Drywall Inc., 2000 CanLII 7683

Nelson Melo

1 case2000–2000

Michael G. Sherrard

9 cases1994–2016

Carolyn Hart

In Private Practice21 cases1993–2015

Harry Freedman

OLRBOntario Labour Relations BoardAug 16, 2000

Witness consented to the production of a document previously disclosed in civil litigation.

During a hearing before the Ontario Labour Relations Board, an issue arose regarding the production of a spreadsheet used to evaluate bids.

The document was potentially in the possession of the responding party due to prior civil litigation, raising concerns about the deemed undertaking rule under Rule 30.1.01(3) of the Rules of Civil Procedure.

The witness, a principal of the company that created the spreadsheet, expressly consented to its production in this proceeding, resolving the issue.

Labourers’ International Union of North America, Ontario Provincial District Council and on behalf of its Affiliated Local Unions v. Teperman Wrecking Inc., 2000 CanLII 3809

Harry Freedman

OLRBOntario Labour Relations BoardAug 16, 2000

Hearing adjourned on consent of the parties.

At the request of the parties, the Board adjourned the hearing scheduled for August 28 and 29, 2000.

The hearing will proceed on the previously scheduled dates in October 2000.

Thorold Professional Fire Fighters’ Association v. Corporation of the City of Thorold, 2000 CanLII 10186

Harry Freedman

OLRBOntario Labour Relations BoardAug 15, 2000

Board revoked previous decision terminating application, as settlement only resolved claims against one respondent.

The Board previously issued a decision terminating the application based on Minutes of Settlement.

The Board was subsequently advised that the settlement only resolved the application in relation to Express Cleaning Services Inc., and not Nik's Janitorial Services Inc. The Board revoked its previous decision, terminated the application only in relation to Express Cleaning Services Inc., and referred the matter to the Registrar to be listed for a hearing regarding Nik's Janitorial Services Inc.

Vargas-Garcia v. Express Cleaning Services Inc., 2000 CanLII 8988

Harry Freedman

OLRBOntario Labour Relations BoardAug 14, 2000

Applicant directed to file proper application and pay ordered amount in trust to proceed with review.

The applicant sought to review an Employment Standards Officer's order to pay.

The application was filed beyond the 45-day statutory time limit and without paying the ordered amount to the Director in trust.

The Board directed the applicant to file a proper application, make the requisite payment, and request an extension of time with reasons by August 29, 2000, failing which the application would be dismissed.

1354493 Ontario Limited o/a The Pool Guy v. McIsaac, 2000 CanLII 8803

Harry Freedman

OLRBOntario Labour Relations BoardAug 11, 2000

Application for review of an employment standards order dismissed for failure to file proper forms.

The applicant sought a review of an order designating him as a director under the Employment Standards Act, claiming he was only a shareholder and bookkeeper.

The Registrar returned his initial letter because it lacked necessary details and directed him to file a proper application within 10 days.

The applicant failed to file any further material.

Consequently, the Ontario Labour Relations Board dismissed the application for review.

Carlton Howell, a Director v. Ministry of Labour, 2000 CanLII 2768

Harry Freedman

G. Pickell

A. Haward

OLRBOntario Labour Relations BoardAug 11, 2000

Grievance referral withdrawn at the request of the applicant.

The applicant requested to withdraw its referral of a grievance to the Ontario Labour Relations Board.

The Board granted the request and the referral was withdrawn.

Labourers’ International Union of North America, Local 1036 v. Eton Construction Canada Inc., 2000 CanLII 3094

Harry Freedman