Inge M. Stamp

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

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement agreeing to the disbursement of funds held in trust by the Director.

The Ontario Labour Relations Board ordered the funds disbursed in accordance with the settlement and terminated the application.

Lantco Holdings Ltd. o/a Atlantic Paving v. Mark Wallace and Ministry of Labour, 2000 CanLII 3731

Inge M. Stamp

Application to suspend Ministry of Labour orders following a workplace fatality dismissed.

The applicant employer sought to suspend four orders issued by a Ministry of Labour Inspector following a workplace fatality where a worker was killed while cleaning a mixer.

The orders required equipment guards, lock-out procedures, and related training.

The employer argued the orders were redundant and irrelevant to the accident, which it claimed resulted from the worker's failure to follow existing lock-out procedures.

The Board dismissed the application, applying the rebuttable presumption that an inspector's order is correct and finding the employer failed to demonstrate compelling grounds or actual prejudice to justify suspending the orders pending the appeal.

Pavestone Plus Inc. v. Joint Health & Safety Committee, Ministry of Labour, 2000 CanLII 12750

J. G. Knight

Inge M. Stamp

G. McMenemy

Hearing adjourned on consent to allow parties to pursue settlement discussions.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The parties agreed to adjourn the scheduled hearing to pursue settlement discussions.

The Board directed the responding party to file its response by a specified date and rescheduled the hearing.

International Brotherhood of Electrical Workers, Local 894 v. Bennett & Wright Group Inc., 2000 CanLII 12217

J. G. Knight

Inge M. Stamp

G. McMenemy

Applications withdrawn with leave of the Board.

The applicant union sought to withdraw its applications against the responding party employer.

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

Drywall Acoustic Lathing and Insulation Local 675 United Brotherhood of Carpenters and Joiners of America v. Balko Drywall Inc., 2000 CanLII 11254

J. G. Knight

Inge M. Stamp

G. McMenemy

Representation vote directed in construction industry union certification application.

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

The Board found that the applicant is an affiliated bargaining agent and that the proposed bargaining unit is appropriate.

Finding that not less than forty percent of the individuals in the proposed unit were members of the union, the Board directed that a representation vote be taken.

Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, Local 124 v. Suntex Stucco Ltd., 2000 CanLII 9753

J. G. Knight

Inge M. Stamp

G. McMenemy

Board orders representation vote in construction industry certification application despite employer's claim of no employees.

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

The responding party asserted it had no employees at work in the proposed bargaining unit on the application date, having sub-contracted the work.

The Board found the applicant to be a trade union and that the requisite membership evidence was filed.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Marshall Homes Corporation, 2000 CanLII 8172

J. G. Knight

Inge M. Stamp

G. McMenemy

Board issues consent orders and $54,000 damages award based on parties' minutes of settlement.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties resolved the dispute and filed Minutes of Settlement.

The Board issued consent orders declaring the responding parties bound to the Provincial Agreement, finding a violation of the union security provisions, and ordering the payment of $54,000 in damages in accordance with the settlement terms.

International Union of Painters and Allied Trades, Local 1819 v. Mallfronts International Inc., 2000 CanLII 6292

Inge M. Stamp

Application withdrawn with leave of the Board.

The applicant, Enbridge Consumers Gas, sought to withdraw its application against the CEP Union of Canada Local 975 and the Ministry of Labour.

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

Enbridge Consumers Gas v. CEP Union of Canada Local 975 and Ministry of Labour, 2000 CanLII 3684

Inge M. Stamp

Application for review of Order to Pay terminated following Minutes of Settlement between employer and employee.

The employer applied for a review of an Order to Pay issued by an Employment Standards Officer.

The employer and the employee entered into Minutes of Settlement agreeing to split the funds held in trust by the Director.

The Board ordered the disbursement of the funds in accordance with the settlement and terminated the application.

Dr. V. Chetty v. Cynthia Leko and Ministry of Labour, 2000 CanLII 4003

Inge M. Stamp

Application withdrawn with leave of the Board.

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

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

Trevor Poulin v. Telespectrum (formally S&P Data) and Ministry of Labour, 2000 CanLII 9794

Inge M. Stamp

Application for review of employment standards claim dismissed for being filed past the six-month limitation period.

The applicant filed an application for review of an Employment Standards Officer's decision.

The Officer had determined that the applicant's claim was filed past the six-month limitation period under section 82.3(1) of the Employment Standards Act.

The Board found no dispute that the claim was filed out of time and concluded it lacked jurisdiction to hear the appeal.

The matter was terminated.

Darlene King v. Chemong Lodge Tavern 1990 Ltd., 2000 CanLII 12696

J. G. Knight

Inge M. Stamp

G. McMenemy

Board directs responding parties to produce documents relevant to related employer and sale of business applications.

The applicant requested production of documents from the responding parties pursuant to sections 1(5) and 69(13) of the Labour Relations Act, 1995, in relation to applications alleging a sale of a business and/or related employer status.

The Board found the requested documents arguably relevant and directed the responding parties to produce them.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Vanbots Construction Corporation and Rambots Construction Corporation, 2000 CanLII 12623

Inge M. Stamp

Application withdrawn with leave of the Board.

The applicant, CAW Local 27, sought to withdraw its application against General Motors (Diesel Division) and the Ministry of Labour.

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

CAW Local 27 v. General Motors (Diesel Division), 2000 CanLII 8430

J. G. Knight

Inge M. Stamp

G. McMenemy

Application terminated following parties' settlement and filing of a Memorandum of Agreement.

The applicant union filed an application under section 133 of the Labour Relations Act, 1995.

Prior to the scheduled hearing, the parties settled the matters in dispute and filed a Memorandum of Agreement.

The Ontario Labour Relations Board consequently terminated the proceeding.

Labourers’ International Union of North America, Local 1059 v. Strathroy Concrete Forming (1988) Inc., 2000 CanLII 13434

J. G. Knight

Inge M. Stamp

G. McMenemy

Application adjourned sine die on consent pending a jurisdictional dispute application.

The applicant union requested an adjournment sine die of its application, pending the filing of a jurisdictional dispute application by the Carpenters union.

The responding party agreed.

The Ontario Labour Relations Board granted the adjournment for a period not exceeding one year.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. PCL Constructors Canada Inc., 2000 CanLII 12320

J. G. Knight

Inge M. Stamp

G. McMenemy

OLRBOntario Labour Relations BoardSep 5, 2000

Representation vote directed with segregated ballots 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 failed to file a response.

The intervenor claimed to already hold bargaining rights for construction labourers in all sectors other than ICI.

The Board found that the applicant had the requisite membership support and directed a representation vote for the proposed bargaining unit, ordering that the ballots be segregated and the ballot box sealed pending further direction.

Labourers’ International Union of North America, Local 506 v. Yukon Construction Inc., 2000 CanLII 10453

Gerald Kennelly

1 case2000–2000

Donald B. Jarvis

In Private Practice22 cases1988–2023

Crystal Stewart

2 cases2000–2005

Craig Flood

74 cases1988–2024

Colin Boyd

1 case2000–2000

Alan Whyte

9 cases1992–2013

Inge M. Stamp

OLRBOntario Labour Relations BoardSep 1, 2000

Union barred from adducing evidence of an alleged scheme due to failure to cross-examine witness.

During a hearing for a related employer and sale of business application, the applicant union sought to adduce evidence from a witness regarding an alleged scheme by the responding parties' principals to avoid the union's bargaining rights.

The responding parties objected, arguing that the union had failed to put this allegation to their key witness during his earlier cross-examination, in violation of the rule in Browne v. Dunn.

The Board upheld the objection, finding that the union's failure to give the witness an opportunity to respond to the serious allegation of a scheme caused considerable prejudice.

Given the late stage of the proceedings and the lack of explanation for the delay, the Board barred the union from calling or relying on evidence relating to the witness's involvement in the alleged scheme.

Ontario Pipe Trades Council v. Bill Bailey of Belleville Limited, 2000 CanLII 13325

Inge M. Stamp

OLRBOntario Labour Relations BoardAug 31, 2000

Grievance referral withdrawn with leave of the Board following minutes of settlement.

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

Having regard to the Minutes of Settlement dated August 29, 2000, the Board granted leave to withdraw the matter.

Teamsters Local Union No. 230 v. Gottardo Enterprises Inc., 2000 CanLII 9191

Inge M. Stamp

G. Pickell

G. McMenemy