Who is Ian C. Springate?

Ian C. Springate is a vice-chairman at the Ontario Labour Relations Board with 67 decisions on record from 1983 to 1989. Key areas include employment and labour law, administrative law, construction law.

What tribunal does Ian C. Springate sit on?

Ian C. Springate has sat on Ontario Labour Relations Board and Human Rights Tribunal of Ontario.

What areas of law does Ian C. Springate decide?

Ian C. Springate's most common areas include Employment and Labour Law (65 decisions), Administrative Law (28 decisions), Construction Law (5 decisions). Ian C. Springate has handled 67 decisions across 5 areas.

How many decisions has Ian C. Springate made?

Ian C. Springate has 67 decisions on record from 1983 to 1989 across 2 tribunals.

Who frequently appears before Ian C. Springate?

Representatives who frequently appear before Ian C. Springate include Harold F Caley, B. Fishbein, Douglas J. Wray.

/Adjudicator

minicounsel

Ian C. Springate — Vice-Chairman

Employment and Labour Law

Ian C. Springate

Vice-Chairman·Ontario Labour Relations Board·Since 1983

OLRB HRTO

cases · 7 yrs · OLRB, HRTO

Trial

Motion

Costs

Appeal

Sentencing

Alternate Chairman· 21Vice-Chairman· 18Vice-Chair· 7Alternate Chairman· 5Vice-Chairman· 5Board of Inquiry· 3Vice-Chairman· 2Alternate Chairman· Chair· 1

OLRBOntario Labour Relations BoardOct 27, 1983

Employer violated OHSA by suspending worker who reasonably refused to work in lead pot without required air hat.

The complainant, a tube mill assistant, refused to work in a lead pot wearing only a small face mask and shield after the required air hat was unavailable.

He was suspended for three days for refusing a direct order.

The Ontario Labour Relations Board found that the complainant had reasonable grounds to believe the work was unsafe without the air hat, given previous warnings and Ministry of Labour directives regarding lead exposure.

The Board concluded that the employer violated the Occupational Health and Safety Act by disciplining the complainant for exercising his right to refuse unsafe work, and ordered the employer to compensate him for the suspension and remove the discipline from his record.

Robert Zizek v. Wilco Canada Inc., 1983 CanLII 943

OLRBOntario Labour Relations BoardOct 12, 1983

Employer not belonging to excavators association must pay higher general wage rates under provincial agreement.

The applicant union referred a grievance to the Ontario Labour Relations Board alleging the respondent employer violated the provincial agreement by failing to pay the correct wage rates for excavating work.

The employer argued it was entitled to pay the lower 'mid-line' rates under Schedule 'D' of the agreement, which applied to members of the Toronto & District Excavators Association, or alternatively that denying it access to those rates was discriminatory under section 151(2) of the Labour Relations Act.

The Board held that because the employer was not a member of the Association and did not pay the mid-line rate on all its work, it was bound by the higher general rates in Schedule 'J'.

The Board directed the employer to make the appropriate payments.

International Union of Operating Engineers, Local 793 v. Alnor Earthmoving Limited, 1983 CanLII 933

OLRBOntario Labour Relations BoardOct 11, 1983

Provincial labour board has jurisdiction over construction company performing work for federal telecommunications undertaking.

The applicant union applied for certification to represent employees of the respondent construction company.

The respondent challenged the Board's jurisdiction, arguing its labour relations fell under federal jurisdiction because 90% of its work in Ontario was performed for Bell Canada, a federal undertaking.

The Board rejected this argument, finding that the respondent's ordinary business was construction, which falls under provincial jurisdiction, and its work was not an integral part of Bell Canada's operations.

The Board also determined that the work performed by the employees did not fall within the industrial, commercial and institutional sector.

Finding that the union had sufficient membership support, the Board ordered a representation vote.

International Union of Operating Engineers, Local 793 v. W. Rourke Ltd., 1983 CanLII 942

OLRBOntario Labour Relations BoardOct 3, 1983

Technical employees included in office and clerical bargaining unit; representation vote denied despite their objections.

The applicant union sought certification for a bargaining unit of the respondent's office, clerical, and technical employees.

A group of objecting technical employees argued they had a separate community of interest and should be excluded from the unit.

The Board applied its long-standing practice of grouping technical employees with office and clerical staff to avoid undue fragmentation, finding no unique circumstances to justify a departure.

The Board also declined the respondent's request to direct a representation vote under section 7(2) of the Act, holding that the union's support must be assessed across the entire appropriate bargaining unit, not just among the objecting technical employees.

The technical employees were included in the unit.

The International Association of Machinists and Aerospace Workers v. Imperial Clevite Canada Inc. Mechanical Products Division, 1983 CanLII 950

OLRBOntario Labour Relations BoardSep 28, 1983

Board lacks jurisdiction over work assignment complaint due to collective agreement tribunal requirement; related employer declaration granted.

The complainant union filed a work assignment complaint regarding electrical installation work.

The respondent employer and intervening unions challenged the Board's jurisdiction under section 91(14) of the Labour Relations Act, arguing the collective agreements required such disputes to be referred to the Impartial Jurisdictional Disputes Board.

The complainant argued the respondent was not bound by the provincial agreement.

The respondent requested a related employer declaration under section 1(4) to be declared a single employer with its unionized subsidiary.

The Board found the preconditions for section 1(4) were met and exercised its discretion to make the declaration, binding the respondent to the provincial agreement.

Consequently, the Board held it lacked jurisdiction to inquire into the complaint under section 91(14) and dismissed it.

The International Brotherhood of Electrical Workers, Local Union 773 v. Jervis B. Webb Company of Canada, Ltd., 1983 CanLII 981

OLRBOntario Labour Relations BoardSep 13, 1983

OLRB declines to defer unfair labour practice complaint to arbitration but limits inquiry due to delay.

The complainant union filed an unfair labour practice complaint alleging that the employer, Nelson Quarry, was attempting to undermine and destroy the union by contracting out work to non-union firms, notably Torres Transport Limited.

The employer raised two preliminary objections: first, that the matter should be deferred to the grievance-arbitration procedure under the collective agreement, and second, that the particulars of the complaint stretched too far back in time.

The Ontario Labour Relations Board declined to defer to arbitration, finding that the allegations involved a potential repudiation of substantive statutory rights under the Labour Relations Act.

However, applying the principle of repose due to delay, the Board exercised its discretion under section 89 of the Act to refuse to inquire into any allegations of improper conduct occurring prior to the 18-month period immediately preceding the filing of the complaint.

The matter was referred to the Registrar to be re-listed for hearing.

The Mount Nemo Truckers Association, Local 566 v. Nelson Quarry Operation of Genstar Stone Products Inc., 1983 CanLII 969

OLRBOntario Labour Relations BoardAug 31, 1983

Applications alleging sale of business and related employer status dismissed where dealership contracted out washing work.

The applicant union alleged that the respondent car dealership's contracting out of its rustproofing and washing work to a sub-contractor constituted a sale of a business under section 63 of the Labour Relations Act, or alternatively, that the dealership and the sub-contractor were related employers under section 1(4).

The Ontario Labour Relations Board dismissed both applications.

The Board found that the transfer of work alone did not constitute a sale of a business, as the sub-contractor merely continued a pre-existing business from a new location leased from the dealership.

Furthermore, the Board held that the two firms were not under common control or direction, as the sub-contractor independently managed its employees and performed work for other clients.

International Union, United Automobile Aerospace Agricultural Implement Workers of America and its Local 27 v. Central Chev. Olds. Inc., 1983 CanLII 759

Page 4 of 4 (67 cases)

Counsel for the Ontario Human Rights Commission

Anthony GriffinCounsel
1 appearance
Deirdre RiceCounsel
1 appearance
Joanne RosenCounsel
1 appearance
Mark FrawleyCounsel
1 appearance

Counsel for the Ontario Human Rights Commission and Rabindranath Rampersad

Joan HabermanCounsel
1 appearance

Counsel for the Respondents

Clyde HalfordCounsel
1 appearance

Counsel for Vintage Grand Touring Automotives, Vince Spagnuolo, and Jack Witte

Stuart RosenthalCounsel
1 appearance

for Central Chev. Olds. Inc. and Pat-Har Holdings Ltd.

Harry Mc CoyAgent
1 appearance
Julius MelnitzerCounsel
1 appearance
Russell RaikesCounsel
1 appearance
Scott FallisCounsel
1 appearance

for Community Legal Education Ontario

Taivi LobuCounsel
1 appearance

for Community Legal Education Ontario and Neighbourhood Legal Services

John PageCounsel
1 appearance

for Construction Association of Thunder Bay Inc.

J. LibermanCounsel
1 appearance
M. MacLeayAgent
1 appearance

for Delform Construction Limited, Verdi Forming Ltd., Matthews Group Ltd. Sussex Contractors Ltd. and Ontario Formwork Association

Carl PetersonCounsel
1 appearance

for Extend-A-Life Car Care Centre and 533556 Ontario Inc., carrying on business as the Complete Car Care Centre

John FosterAgent
1 appearance
Veronica EsbaughAgent
1 appearance

for Hotel Employees Restaurant Employees Union, Local 75

Alick RyderCounsel
1 appearance

for Inducon Development Co.

Jeffrey DaviesCounsel
1 appearance
Joseph M. WatsonCounsel
1 appearance

for Injured Workers' Consultants

Jean HyndmanCounsel
1 appearance

for International Association of Bridge, Structural & Ornamental Ironworkers, Local 721

David StarkmanCounsel
1 appearance
Stan ArsenaultCounsel
1 appearance

for International Union of Operating Engineers, Local 793

Jack J. SlaughterAgent
1 appearance

for Janin Building and Civil Works Ltd.

Christian HucCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Richard NixonCounsel
1 appearance

for Justine Blainey

Anna FraserCounsel
1 appearance

for Labourers International Union of North America and its Local Union 1081

B. FishbeinCounsel
1 appearance
K. RimmingtonUnion representative
1 appearance
T ConnollyUnion representative
1 appearance

for Labourers' International Union of North America, Local 183

C. DeToniCounsel
1 appearance
S. B. D. WahICounsel
1 appearance

for Labourers International Union of North America, Local 183 and Form Work Council of Ontario

B. FishbeinCounsel
1 appearance
R. LatitoCounsel
1 appearance

for Labourers International Union of North America, Local 183 and The Form Work Council of Ontario

L. DetoniCounsel
1 appearance
R. LotitoCounsel
1 appearance
S. B. D. WahlCounsel
1 appearance

for Labourers International Union of North America, Ontario Provincial District Council and Labourers International Union of North America, Local 607

P. LittleAgent
1 appearance
S. B. D. WahlCounsel
1 appearance
T. ConnollyAgent
1 appearance

for Lou Leclaire Contracting Ltd.

L. LeclaireAgent
1 appearance
M. HoranCounsel
1 appearance

for Lumber and Sawmill Workers' Union, Local 2693 of the United Brotherhood of Carpenters and Joiners of America

Fred MironAgent
1 appearance
L. C. ArnoldCounsel
1 appearance

for Medox Health Care Services, a division of Drake International Inc.

Barry H. BresnerCounsel
1 appearance
Robert ButlerCounsel
1 appearance

for Metropolitan Toronto Apartment Builders Association

K. MalletteCounsel
1 appearance

for Nelson Quarry Operation of Genstar Stone Products Inc.

D. L. BarnesCounsel
1 appearance
G. GrossmanCounsel
1 appearance
H. E. MacphersonCounsel
1 appearance
M. D. ContiniCounsel
1 appearance

for Nicole Drouin and certain other employees

Jacques A. EmondCounsel
1 appearance

for Ontario Association of Legal Clinics

Larry TamanCounsel
1 appearance
Philip TunleyCounsel
1 appearance

for Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen

J. ZanussiAgent
1 appearance
S. B. D. WahlCounsel
1 appearance

for respondent #2

Bruce PollockCounsel
1 appearance
F. CharronCounsel
1 appearance
V. CoutoCounsel
1 appearance

for Service Employees International Union, Local 204

Dorothy KentCounsel
1 appearance
Doug AndersonCounsel
1 appearance
Naomi DuguidCounsel
1 appearance

for Sword Contracting Ltd.

A. GagneCounsel
1 appearance

for Sword Contracting Ltd. and Metropolitan Toronto Apartment Builders Association

R. C. Filion, Q.C.Counsel
1 appearance

for Tenant Hotline Inc.

Judy WelkovitchCounsel
1 appearance
Anneli TalvilaCounsel
1 appearance

for the applicant

Harold F CaleyCounsel
2 appearances
B. FishbeinCounsel
2 appearances
Douglas J. WrayCounsel
2 appearances
Murray GoldCounsel
2 appearances
Stephen KrashinskyCounsel
2 appearances
John HurlevCounsel
2 appearances
David NicholsonUnion representative
1 appearance
Donald R. BateCounsel
1 appearance
Donald R. ColborneCounsel
1 appearance
Don GuilbeaultUnion representative
1 appearance
Don SwaitUnion representative
1 appearance
E. A. FordUnion representative
1 appearance
E.A. FordUnion representative
1 appearance
Ed KaplanisUnion representative
1 appearance
Ed MattocksCounsel
1 appearance
Edward KaplanisCounsel
1 appearance
Eric del JuncoCounsel
1 appearance
Eric del JuncoUnion representative
1 appearance
Everett RobertsAgent
1 appearance
F. Da SilvaAgent
1 appearance

for the applicant/complainant

Barry ChercoverCounsel
1 appearance
Elizabeth LennonCounsel
1 appearance
Raj AnandCounsel
1 appearance

for the applicants

David ShepherdAgent
1 appearance
Lyse Leb runSelf-represented
1 appearance
Samuel WilsonSelf-represented
1 appearance

for the Canadian Union of Public Employees and its Locals 1967 and 2474

Gilles LebelUnion representative
1 appearance
Mario HiklCounsel
1 appearance
Robert RouleauUnion representative
1 appearance

for the complainant

Alex AheeAgent
1 appearance
Barbara StarrUnion representative
1 appearance
Carol RutledgeAgent
1 appearance
Doug RyanAgent
1 appearance
Gilles LacasseAgent
1 appearance
James HayesCounsel
1 appearance
Jerry FlynnAgent
1 appearance
Larry GauthierAgent
1 appearance
L. SteinbergCounsel
1 appearance
Marcel LaframboiseAgent
1 appearance
Marie RoySelf-represented
1 appearance
Patrick MacklemCounsel
1 appearance
Philip W AugustineAgent
1 appearance
Ralph TerisigniAgent
1 appearance
Redvers C. ButlerSelf-represented
1 appearance
Robert TracyAgent
1 appearance
Robert ZizekSelf-represented
1 appearance
S. B. D. WahlCounsel
1 appearance
V. GentileCounsel
1 appearance

for the Complainant

Anna FraserCounsel
1 appearance

for the complainant and applicant

F. J. W. BickfordCounsel
1 appearance

for the complainants

Barbara MurraySelf-represented
1 appearance
B. WestAgent
1 appearance
Cheryl ElliotCounsel
1 appearance
Dale SmytheSelf-represented
1 appearance
Dave NobleSelf-represented
1 appearance
Don RoeSelf-represented
1 appearance
Gary CrackSelf-represented
1 appearance
Gerald BouchardAgent
1 appearance
James R. HendryCounsel
1 appearance
John B. WestCounsel
1 appearance
Leslie FreemanCounsel
1 appearance
S. C. BernardoCounsel
1 appearance
Stewart D. SaxeCounsel
1 appearance
Terry DaveyAgent
1 appearance

for the General Contractors Section of the Toronto Construction Association and the Metropolitan Toronto Apartment Builders Association

Bruce BinningCounsel
1 appearance

for the group of employees

Dan LachineSelf-represented
1 appearance
John BuccoAgent
1 appearance
Peter FinkSelf-represented
1 appearance
Philip B. MorrisseyCounsel
1 appearance

for the International Association of Bridge, Structural and Ornamental Ironworkers and its Local Union 700

Jim HarrowerAgent
1 appearance
Lewis GottheilCounsel
1 appearance
Stephen KrashinskyCounsel
1 appearance

for the intervener

A. RoyCounsel
1 appearance
B. BinningCounsel
1 appearance
B. FishbeinCounsel
1 appearance
Charles R. RobertsonCounsel
1 appearance
Chris EamesAgent
1 appearance
F. G. Hamilton, Q. C.Counsel
1 appearance
James R. ThomasUnion representative
1 appearance
James WhyteCounsel
1 appearance
John CroutchCounsel
1 appearance
J. ThomsonCounsel
1 appearance
Mark ContiniCounsel
1 appearance
Maurice BoucherAgent
1 appearance
Michael G. HoranCounsel
1 appearance
R. A. HubertCounsel
1 appearance

for the Intervener

R. A. WerryCounsel
1 appearance

for the intervener and employee objectors

J. J. SlaughterCounsel
1 appearance
Mike GallagherUnion representative
1 appearance

for the interveners

C. M. MitchellCounsel
1 appearance

for The Little Falls Dining Room, Steep Rock Inn and Valenca Restaurant

F. J. W. BickfordCounsel
1 appearance

for the Metropolitan Toronto Apartment Builders Association

Karl MalletteCounsel
2 appearances

for the Metropolitan Toronto Hockey League

Michael PenmanCounsel
1 appearance

for the objectors

Brian McKennyAgent
1 appearance
D. HutchinsonAgent
1 appearance
Greg F BowesCounsel
1 appearance
I. MohamedAgent
1 appearance
Michael G. HoranCounsel
1 appearance
Richard John BayardAgent
1 appearance

for the Ontario Form Work Association

Tony MichaelCounsel
1 appearance
Jeffrey L. DaviesCounsel
1 appearance

for the Ontario Form Work Association and New Rise Forming

Tony MichaelCounsel
1 appearance
Jeffrey DavisCounsel
1 appearance

for The Ontario General Contractors Association

J. ThompsonAgent
1 appearance
J. LibermanCounsel
1 appearance

for the Ontario Hockey Association et al.

Bryan FinlayCounsel
1 appearance

for the Ontario Human Rights Commission

Michael BaderCounsel
2 appearances

for the Ontario Human Rights Commission and Debbie Sharp

Anita LyonCounsel
1 appearance

for the Ontario Legal Aid Plan under the Administration of the Law Society of Upper Canada and Ross Irwin

Ross IrwinCounsel
1 appearance
Brian SmeenkCounsel
1 appearance

for the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada and its Local Union 527

S. SimpsonCounsel
1 appearance
J. PorterUnion representative
1 appearance
T CrystalUnion representative
1 appearance

for the respondent

Tim LaplanteCounsel
2 appearances
H. A. BeresfordCounsel
2 appearances
Walter T Lan glevCounsel
2 appearances
J. C. MurrayCounsel
2 appearances
Ed CheungCounsel
2 appearances
George W. KingAgent
1 appearance
Gerald BoivinCounsel
1 appearance
Harley KoylCounsel
1 appearance
Henry G. GareauUnion representative
1 appearance
H. KackAgent
1 appearance
James HayesCounsel
1 appearance
Joe D'UrsoAgent
1 appearance
John HurleyCounsel
1 appearance
John L. RazulisCounsel
1 appearance
John ReadAgent
1 appearance
J. TasconaCounsel
1 appearance
Keith OleksiukUnion representative
1 appearance
Leonard S. GrahamCounsel
1 appearance
Leslie M. McIntoshCounsel
1 appearance
L. GrantCounsel
1 appearance

for the respondent and Spider Installations Ltd.

M. D. ContiniCounsel
1 appearance
W J. OlsenCounsel
1 appearance

for the respondents

B. SheehanCounsel
1 appearance
Cyril WhiteUnion representative
1 appearance
David R. Roth wellAgent
1 appearance
H. GoldblattCounsel
1 appearance
James BaxterAgent
1 appearance
James EllaAgent
1 appearance
John A. TomlinsonAgent
1 appearance
Jonathan McKinnonCounsel
1 appearance
Len CarradoAgent
1 appearance
Les WoodcockUnion representative
1 appearance
L. O. 'BrienUnion representative
1 appearance
Michael GottheilCounsel
1 appearance
Michael N. BrownAgent
1 appearance
M. Patrick MoranCounsel
1 appearance
Steven LemakAgent
1 appearance

for the Respondents and the Ontario Women's Hockey Association

Brian Finlay, Q.C.Counsel
1 appearance

for the respondent union and intervener

S. R. HennessvCounsel
1 appearance

for the Rodmen Employer Bargaining Agency

David BrisbinCounsel
1 appearance
George KnaptonCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America, Local Union 1244

E. RyanAgent
1 appearance
H. MartinakAgent
1 appearance
James NymanCounsel
1 appearance

for Townsend and Bottum of Canada Limited, Tuberate and Besomar Company Ltd. and Tuberate Company, Inc.

D. .1. O'ConnorAgent
1 appearance
M. AddarioAgent
1 appearance
T A. KellyAgent
1 appearance

for United Brotherhood of Carpenters and Joiners of America, Local 27

J. J. NymanCounsel
1 appearance
John GartwrightCounsel
1 appearance

for United Brotherhood of Carpenters and Joiners of America, Local Union 27

Douglas J. WrayCounsel
1 appearance
John CartwrightCounsel
1 appearance

for United Brotherhood of Carpenters and Joiners of America, Ontario Provincial Council

N. L. JesinCounsel
1 appearance
Robert ReidAgent
1 appearance

for Valmed Health Services Inc.

Peter J. ThorupCounsel
1 appearance
Valerie OwenCounsel
1 appearance

for Van Bots Construction

Dan Van LeeuwenCounsel
1 appearance

for West York Construction

A. KunzCounsel
1 appearance

for West York Construction and Van Bots Construction

S. C. BernardoCounsel
1 appearance

for York Community Services

David CoteCounsel
1 appearance
Joan MillingCounsel
1 appearance

on her own behalf

Cindy Lee GallagherSelf-represented
1 appearance

on his own behalf

Bob AleksovskiSelf-represented
1 appearance
Brett ChamberlinSelf-represented
1 appearance

Decisions

Years active

Tribunals

0.9

cases/mo

OLRB62(93%)

HRTO5(7%)

Decision types

trial

motion

Page 4 of 4 (67 cases)