John Morgan Lewis

Employer appeal terminated for failure to pay the full Order to Pay amount into trust.

The applicant employer filed an appeal under section 68 of the Employment Standards Act.

The Board previously directed the applicant to provide proof that the required payment had been made in trust to the Director of Employment Standards.

The applicant paid $1,530.49, but the Order to Pay was for $5,451.20.

The applicant claimed deductions for statutory remittances and a set-off for computer equipment.

The Board held that there is no right to set-off against amounts to be paid pursuant to an Order to Pay.

As the applicant failed to make the necessary payment, the appeal was terminated.

Academy of Learning - Oshawa v. Pat Campbell and Ministry of Labour, 2000 CanLII 7404

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant, United Steelworkers of America, sought to withdraw its application against the responding parties, Kafko Manufacturing Limited and the Ministry of Labour.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

United Steelworkers of America v. Kafko Manufacturing Limited, 2000 CanLII 2771

John Morgan Lewis

Application withdrawn with leave of the Board.

The applicant, International Brotherhood of Electrical Workers, Local 586, sought to withdraw its application against the responding party, D. P. Electric (1996) Canada Ltd. The Ontario Labour Relations Board granted leave to withdraw the application.

International Brotherhood of Electrical Workers, Local 586 v. D. P. Electric (1996) Canada Ltd., 2000 CanLII 1247

John Morgan Lewis

G. Pickell

A. Haward

Application withdrawn with leave of the Board.

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

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

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 799 v. Earlscourt Metal Industries Ltd., 2000 CanLII 5275

John Morgan Lewis

G. Pickell

A. Haward

Application adjourned sine die on consent of the parties.

The applicant union filed an application against the responding party employer.

On consent of the parties, the Ontario Labour Relations Board adjourned the application sine die for a period not exceeding one year, after which it will be deemed terminated if no request to proceed is made.

Universal Workers Union, L.I.U.N.A. Local 183 v. Toddglen Construction Limited, 2000 CanLII 6478

John Morgan Lewis

Application withdrawn with leave of the Board on agreement of the parties.

The applicants sought to withdraw their application before the Ontario Labour Relations Board.

Having regard to the agreement of the parties, the Board granted leave and the application was withdrawn.

Bruce Greensides, Mario Sousa v. Maple Lodge Farms Ltd., 2000 CanLII 4399

John Morgan Lewis

Board appointed an officer to mediate a bargaining rights dispute following a municipal amalgamation.

The applicant union filed an application under the Public Sector Labour Relations Transition Act, 1997 regarding bargaining rights following a municipal amalgamation.

The Ontario Labour Relations Board issued procedural directions, including appointing a Board Officer to meet with the parties to attempt a settlement, and directing the employer to provide notice to other potentially affected bargaining agents and to post the decision in the workplace for employees.

International Brotherhood of Electrical Workers, Local 636 v. The Public Utilities Commission of the Corporation of the Municipality of Campbell/Seymour, 2000 CanLII 9115

John Morgan Lewis

Board directed three related files to be heard together and scheduled a meeting.

The Ontario Labour Relations Board directed the Registrar to set three related files down to be heard together.

A meeting with a Labour Relations Officer was also scheduled for the parties to deal with the matters.

Ontario Nurses’ Association v. Royal Ottawa Health Care Group, 2000 CanLII 8555

John Morgan Lewis

Application adjourned sine die on consent 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 matter will be deemed terminated if neither party requests to proceed.

International Brotherhood of Electrical Workers, Local 804 v. 940664 Ontario Inc. c.o.b. as D & D Controls and Courtland Controls Inc., 2000 CanLII 2806

John Morgan Lewis

J. Knight

G. McMenemy

OLRB0 cases1993–2001

Grievor lacks standing to proceed with grievance referral resolved by Minutes of Settlement.

The grievor requested to proceed with a grievance referral under section 133 of the Labour Relations Act, 1995, after the matter had been adjourned sine die and resolved by Minutes of Settlement.

The Board held that the grievor had no standing to request the matter proceed, as the grievor was not a party to the collective agreement or the grievance referral.

Furthermore, the matter had been fully resolved by the settlement, which the grievor had signed.

The matter was withdrawn.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787 v. Temp Air Control Division of C.H.S. Air Conditioning Ltd., 2000 CanLII 1222

Susan Ursel

42 cases1985–2024

Jeremy Warning

22 cases2000–2022

Don Chillman

1 case2000–2000

John Morgan Lewis

Hearing adjourned due to late disclosure of harassment allegations; applicant directed to explain relevance of evidence.

The applicant brought an application under section 68 of the Employment Standards Act.

During the hearing, the applicant produced a lengthy summary of alleged harassment incidents that had not been previously disclosed to the employer.

The Board adjourned the hearing to allow the employer an opportunity to address the issues.

The Board also directed the applicant to provide an explanation regarding the relevance of a letter alleging operational failings by the employer, failing which references to the letter would be struck from the proceeding.

Adrian Au Kwok Leung v. Women’s Dress and Sportswear Advisory Committee, 2000 CanLII 4642

John Morgan Lewis

Application for review terminated after parties executed Minutes of Settlement for unpaid wages.

The applicant sought a review of a refusal to issue an order to pay under the Employment Standards Act.

The parties subsequently entered into Minutes of Settlement, agreeing that the employer would pay the applicant two weeks' wages.

As the settlement resolved all issues in dispute, the Board terminated the application pursuant to section 69.1(5) of the Act.

Horst Schirm v. Canadian Automation & Tool Int’l Inc., 2000 CanLII 2285

John Morgan Lewis

Time to file response extended due to responding party president's medical unavailability.

The applicant union filed an application under section 96(7) of the Labour Relations Act, 1995 to enforce minutes of settlement.

The responding party failed to file a timely reply.

However, the Board learned that the responding party's president recently underwent surgery and was unavailable.

The Board extended the time for filing a response to November 9, 2000.

Labourers’ International Union of North America, Local 506 v. Teperman and Sons (Canada) Limited, 2000 CanLII 2069

John Morgan Lewis

J. Knight

OLRBOntario Labour Relations BoardOct 26, 2000

G. McMenemy

OLRB0 cases1993–2001

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent construction labourers employed by the responding party in the Regional Municipality of Ottawa-Carleton and the United Counties of Prescott and Russell, excluding the ICI sector.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board directed that a certificate issue to the applicant.

Labourers’ International Union of North America, Local 527 v. Vanson Construction Limited, 2000 CanLII 9155

John Morgan Lewis

G. Pickell

G. McMenemy

OLRB0 cases1993–2001

Request for reconsideration dismissed; applicant failed to meet established grounds for varying the Board's decision.

The applicant requested reconsideration of a Board decision determining that employees on layoff were 'employed' on the date of application for the purposes of section 127.2 of the Labour Relations Act, 1995.

The Board dismissed the request, finding that the applicant was attempting to reargue the case without meeting the established grounds for reconsideration.

The Board clarified that 'employed' in section 127.2(2) includes persons deemed to be employed under section 1(2), distinct from the phrase 'employed or may be employed' in section 127.2(1).

Don Park Inc. v. Sheet Metal Workers’ International Association, Local Union No. 285, 2000 CanLII 8602

John Morgan Lewis

G. Pickell

A. Haward

Certification application dismissed after union failed to win majority in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than fifty per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further certification applications by the applicant for this bargaining unit.

Carpenters and Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America v. Claude Levesque o/a Claude Roofing or Claude’s Contracting, 2000 CanLII 7276

John Morgan Lewis

G. Pickell

A. Haward

Consent order issued for $22,000 in damages for violations of a construction industry collective agreement.

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

Prior to the hearing, the parties entered into a Memorandum of Agreement acknowledging that the responding party was bound by the collective agreement and had violated its monetary provisions.

The Board issued a consent order directing the responding party to pay $22,000 in damages and to execute an irrevocable letter of direction for payment out of the proceeds of a construction lien action.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Airport Concrete Structures Inc., 2000 CanLII 2796

John Morgan Lewis

In Private Practice21 cases1998–2025

Application for review terminated after parties executed Minutes of Settlement for $1,000.

The applicant sought a review of an employment standards officer's refusal to issue an order to pay against the employer.

The parties entered into Minutes of Settlement with the assistance of a Labour Relations Officer, agreeing to a payment of $1,000 in full and final settlement of all claims.

As the settlement resolved all issues in dispute, the Board terminated the application pursuant to section 69.1(5) of the Employment Standards Act.

David Bailey v. Matsu Manufacturing Inc. and Ministry of Labour, 2000 CanLII 2608

Robert Gibson

Nicholas Keresztesi

3 cases1998–2000

Monti Rose

1 case2000–2000

Ken Richardson

1 case2000–2000

J. Robbins

2 cases1983–2000

David Wakely

4 cases1990–2001

Daryn Jeffries

24 cases1995–2023

Ben Barnes

2 cases2000–2000

John Morgan Lewis