Mary Ellen Cummings

D. Watson

4 cases2000–2001

D. Napoli

B. Rudichuk

Mary Ellen Cummings

OLRBOntario Labour Relations BoardOct 27, 2000

Application for certification dismissed as untimely due to a valid pre-hire voluntary recognition agreement.

The United Brotherhood of Carpenters and Joiners of America applied for certification to represent carpenters employed by Intracorp Developments Ltd. Intracorp and the intervenor, Local 183, argued the application was barred by a voluntary recognition agreement they had previously signed.

The Carpenters alleged the agreement was invalid because Intracorp had employees in the bargaining unit at the time who were not represented by Local 183, claiming that labourers supplied by a personnel agency (CPS) were actually Intracorp employees.

The Board applied the York Condominium factors and found that CPS, not Intracorp, was the true employer.

Consequently, there were no employees in the bargaining unit when the agreement was signed, making it a valid pre-hire agreement under the Nicholls-Radtke exception.

The application for certification was dismissed as untimely.

United Brotherhood of Carpenters and Joiners of America v. Intracorp Developments Ltd., 2000 CanLII 4573

Stephen Mason

20 cases1986–2005

Stephen F. Wilson

2 cases2000–2012

Erin R. Kuzz

17 cases1998–2023

Bob Kupchak

Mary Ellen Cummings

OLRBOntario Labour Relations BoardOct 26, 2000

Order to Pay revoked as untimely because it was issued more than two years after the initial complaint.

The employer applied for a review of an Officer's Order to Pay under the Employment Standards Act regarding unpaid overtime and holiday pay for its drivers.

The employer raised a preliminary issue that the Order to Pay was untimely because it was issued more than two years after the facts upon which the proceeding was based first came to the knowledge of the Director.

The Board found that the initial complaint filed by an employee identified the employer, the group of affected employees, and the systemic issue of non-payment of overtime.

Therefore, the facts came to the Director's knowledge at the time of the initial complaint.

Because the Order to Pay was issued more than two years after this date, it was untimely.

The Board revoked the Order to Pay.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 7130

Mary Ellen Cummings

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardOct 23, 2000

Board declines to adjourn hearing of constitutional issues.

The Ontario Labour Relations Board declined to adjourn the hearing of constitutional issues after reviewing the submissions of counsel.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 6420

Mary Ellen Cummings

Application for review of an Order to Pay resolved via Minutes of Settlement.

The applicant employer sought 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 $700 paid to the employee, $340 returned to the employer, and the $104 administration fee retained by the Consolidated Revenue Fund.

Denison Cold Storage & Distribution Inc. v. Roxborough, 2000 CanLII 9711

Mary Ellen Cummings

OLRB orders disbursement of funds held in trust pursuant to parties' settlement of Employment Standards Act dispute.

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 Board ordered the funds held in trust by the Director to be disbursed according to the settlement, with $1,828.20 returned to the employer, $1,200.00 paid to the employee, and the administration fee retained by the Consolidated Revenue Fund.

Franklin Industrial Services Inc. v. Terry Carpentier, 2000 CanLII 9648

Mary Ellen Cummings

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Brick & Allied Craft Union of Canada - Local 23 v. RHI Canada Inc., 2000 CanLII 5073

Mary Ellen Cummings

Employment standards application withdrawn with leave of the Board.

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

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

Sarah Ann Harvey-McKean v. 1391560 Ontario Limited o/a Atrium Gardens Retirement Center, 2000 CanLII 4387

Mary Ellen Cummings

G. Pickell

A. Haward

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.

International Union of Operating Engineers, Local 793 v. G. Mason Construction, 2000 CanLII 3448

Mary Ellen Cummings

Employment standards application withdrawn with leave of the Board.

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

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

Barbara Diggles v. Whiskey A Go Go and Ministry of Labour, 2000 CanLII 2530

Mary Ellen Cummings

Employment Standards Act appeal resolved via Minutes of Settlement with funds disbursed accordingly.

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 funds held in trust to be disbursed according to the settlement, with $150 to the employer, $150 to the employee, and the $100 administration fee retained by the Consolidated Revenue Fund.

The matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

CTW Cleaning Services o/a Molly Maid v. Stirling, 2000 CanLII 2359

Mary Ellen Cummings

Applications withdrawn with leave of the Board.

The applicant sought to withdraw two applications before the Ontario Labour Relations Board.

The Board granted leave and the applications were withdrawn.

Mark Dewar v. Ministry of Correctional Services, 2000 CanLII 1197

Mary Ellen Cummings

Only employees actively at work in the bargaining unit on the application date are eligible to vote.

In an application for certification in the construction industry, the parties disagreed on voter eligibility.

The employer argued that employees not at work on the application date and employees working in Quebec on the application date should be eligible to vote.

The Board rejected the employer's arguments, applying its longstanding 'bright line' test that only employees actively at work in the bargaining unit on the application date are eligible to vote.

The Board noted that the statutory scheme for provincial bargaining in the ICI sector precludes a bargaining unit encompassing employees working in Quebec.

The matter was referred to the Registrar to count the ballots of the eligible voters.

Sheet Metal Workers’ International Association, Local Union No. 47 v. Les Toitures Raymond 1997 Inc., 2000 CanLII 11284

Mary Ellen Cummings

Time extended for director's appeal of Order to Pay due to confusing filing instructions.

The applicant director filed an appeal of an Order to Pay under the Employment Standards Act four days past the 45-day time limit.

The delay occurred because the application and trust monies were delivered to the Director of Employment Standards instead of the Board, due to unclear instructions in the Board's information bulletin.

The Board found it appropriate to extend the time under section 68(4) of the Act, rendering the application timely.

Robert A. MacNay v. MacNay’s General Store Ltd., 2000 CanLII 10734

Mary Ellen Cummings

Time extended for review application where failure to pay administration costs was a clerical error.

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

The applicant remitted the amount of the Order to Pay but failed to pay the statutory administration costs due to a clerical error.

Upon being notified, the applicant quickly rectified the error and requested an extension of time to apply.

The Board found it appropriate to extend the time for applying, rendering the application timely.

976395 Ontario Inc. o/a Moonfleet v. Burry, 2000 CanLII 10111

Mary Ellen Cummings

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

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

The applicant failed to pay the full amount of the Order to Pay to the Director in trust, deducting an amount it claimed was for statutory deductions or due to a calculation error by the Employment Standards Officer.

The Board directed the applicant to either pay the difference or provide a breakdown of the statutory deductions.

The applicant's explanation did not account for the difference.

The Board dismissed the application for failing to comply with the requirement under section 68(7) of the Act to pay the full amount of the Order to Pay before an application for review can be made.

CAPS (Complete Asset Protection Systems) v. Giovanni B. Carlos, 2000 CanLII 9022

Mary Ellen Cummings

J. G. Knight

A. Haward

Bank declared a non-construction employer; related employer applications dismissed.

The Toronto-Dominion Bank applied for a declaration that it is a non-construction employer under section 127.2 of the Labour Relations Act, 1995.

The Carpenters District Council applied for related employer declarations under section 1(4) of the Act between the Bank and several construction companies.

In a bottom-line decision, the Ontario Labour Relations Board declared the Bank a non-construction employer, subject to a pending constitutional challenge.

The Board dismissed the related employer applications, finding no common control or direction.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 7606

Mary Ellen Cummings

Time to file application for review extended due to brief delay and confusion over employer's closure.

The applicant filed an application for review of an Officer's decision not to issue an Order to Pay approximately three weeks after the 45-day deadline under section 68(3) of the Employment Standards Act.

The applicant requested an extension of time, citing confusion and uncertainty surrounding the sale and closure of his employer.

The Board granted the extension, finding it appropriate given the reasons offered and the relatively brief period of delay.

John Harris v. Agribiotech Canada Inc., 2000 CanLII 7574

Mary Ellen Cummings

G. Pickell

A. Haward

Board issues consent declarations of sale of business and common employer based on settlement.

The applicant union filed applications alleging a sale of business and common employer status, along with an unfair labour practice complaint and a construction industry grievance.

The parties entered into Minutes of Settlement resolving all issues.

The Board issued declarations on consent that a sale of business occurred and that the responding parties constitute a single employer, binding them to the collective agreement.

International Brotherhood of Electrical Workers, Local 1687 v. 1237017 Ontario Limited, 2000 CanLII 4033

Mary Ellen Cummings

OLRBOntario Labour Relations BoardOct 13, 2000

Appeal proceedings terminated after applicant failed to file required forms and information.

The applicant sought to appeal an Inspector's Order and requested a suspension of the order pending the appeal.

The Board informed the applicant that its request did not comply with the Rules of Procedure and directed it to submit the required forms and information within 15 days.

The applicant failed to do so, and the Board terminated the proceedings.

City of Thunder Bay v. Ministry of Labour, 2000 CanLII 10578

for 935772 Ontario Limited c.o.b. as "Royal Taxi"

Carl PetersonCounsel
1 appearance

for a number of responding parties

Robert A. StewartCounsel
1 appearance

for Aspen Aluminum

Gary FoersterCounsel
1 appearance
Mike FoersterCounsel
1 appearance
Mark E. GeigerCounsel
1 appearance
Chris EllisCounsel
1 appearance

for Association of Allied Health Professionals: Ontario

Susan UrselCounsel
1 appearance
Bob FrleCounsel
1 appearance
Larna OcampoCounsel
1 appearance

for Bill George Frolick et al

David CowlingCounsel
1 appearance

for Canadian Linen and Uniform Service Company Ltd.

Bob KupchakCounsel
1 appearance
Stephen F. WilsonCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance

for Canadian Union of Public Employees

Dana IvanochkoCounsel
1 appearance
Mohani SwaminathanbCounsel
1 appearance
Any JackmanCounsel
1 appearance
Kim SheppardCounsel
1 appearance

for Canadian Union of Public Employees, Local 2296

Cathy LaceCounsel
1 appearance
Ian ThompsonCounsel
1 appearance

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

Sergio LopesCounsel
1 appearance
David WatsonCounsel
1 appearance

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

Farah BalouCounsel
1 appearance
Steve WolfreysCounsel
1 appearance
Butch BiscoCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters’ and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America

C. CalliganCounsel
1 appearance
Lister TenantCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for City of Toronto

Issic BergerCounsel
1 appearance
Heather CrispCounsel
1 appearance

for College Boréal

George VuiciCounsel
1 appearance
Diane BelandCounsel
1 appearance

for Conseil scolaire de district des écoles catholiques du sud-ouest

François Lee-DaigleCounsel
1 appearance
S. Margot BlightCounsel
1 appearance

for Denise Fitzpatrick

Jeffrey E. Canto-ThalerCounsel
1 appearance

for Family and Children's Services of the District of Thunder Bay

Fred BickfordCounsel
1 appearance

for Fédération des enseignants et enseignantes des écoles secondaires de l’Ontario

Allen GottheilCounsel
1 appearance
Colombe BeauregardCounsel
1 appearance

for Guy Rivest, on his own behalf and on behalf of a group of employees of Les Toitures Raymond 1997 Inc. and/or Les Toitures Raymond et Ass. Inc. and/or Raymond and Associates Roofing Inc.

Bruce SevignyCounsel
1 appearance
Guy RivestSelf-represented
1 appearance

for Hay Management Consultants Limited

Mary EbertsCounsel
1 appearance
Linda TelgarskyCounsel
1 appearance

for herself

Kathy CraneSelf-represented
1 appearance

for himself

Barry EpsteinSelf-represented
1 appearance

for Jack Da Silva

H. P. RolphCounsel
1 appearance

for la Coopérative du Collège Boréal Limitée

Marcel LegerCounsel
1 appearance

for Le Syndicat Canadian de la fonction publique

Denise CarterCounsel
1 appearance
Denise BondyCounsel
1 appearance
John ElderCounsel
1 appearance
Daria IvanochkoCounsel
1 appearance

for Local 2

Ron SmithUnion representative
1 appearance

for Maclean Hunter Canadian Publishing, a division of Maclean Hunter Limited

Charles LeeCounsel
1 appearance
Lee ShouldiceCounsel
1 appearance

for Maclean's Magazine and Canadian Publishing Division of Maclean-Hunter Limited

Lee ShouldiceCounsel
1 appearance
Charles LeeCounsel
1 appearance

for Matrix Construction Ltd.

Tony RobertsAgent
1 appearance

for Metcalfe Realty Company Limited

Michael S. RuddyCounsel
1 appearance
Jan HaubrichCounsel
1 appearance

for Nice-Trim Finish Carpentry Ltd.

Joseph LibermanCounsel
1 appearance

for Ontario Nurses’ Association

Barbara FindlayCounsel
1 appearance
Caroline CohenCounsel
1 appearance
Anne MurrayCounsel
1 appearance
Raymonde BoileauCounsel
1 appearance

for Ontario Public Serivce Employees Union

Tracey MussettCounsel
1 appearance
Richard A. BlairCounsel
1 appearance

for OPSEU

Barb MeilennerUnion representative
1 appearance
Kristin EliotUnion representative
1 appearance
Mario PostareroCounsel
1 appearance
Ed OgibowskiCounsel
1 appearance
Michael YuilleUnion representative
1 appearance
Richard BlairCounsel
1 appearance
Jamie RamageCounsel
1 appearance
Martin SarraUnion representative
1 appearance
Gavin AndersonUnion representative
1 appearance
Pat McGregorUnion representative
1 appearance
Brad ThompsonCounsel
1 appearance

for Peterborough Civic Hospital

Robert HickmanAgent
1 appearance
Philip DayAgent
1 appearance

for Pinevalley Trim & Doors Ltd.

Antonio RodriguesCounsel
1 appearance

for Pinevalley Trim & Doors Ltd. and Wyecroft Lumber and Trim Limited

David ChondonCounsel
1 appearance

for Providence Continuing Care Centre St. Mary’s of the Lake Hospital Site

Sandra CarltonCounsel
1 appearance
Roy FilionCounsel
1 appearance
Jim CorneilCounsel
1 appearance

for responding party employer

Shawn KirwanCounsel
1 appearance
Andrew GreenCounsel
1 appearance

for Richard Appleton and Brian Greene

H. KopytoAgent
1 appearance

for Scarborough Town Centre Holdings Inc.

John BragagnoloCounsel
1 appearance
David C. DanielsCounsel
1 appearance

for Service Employees International Union, Local 204

Karen WalshCounsel
1 appearance
Peggy ReillyCounsel
1 appearance
Kate HughesCounsel
1 appearance

for Sheet Metal Workers’ International Association, Local No. 47

Craig MorrisionCounsel
1 appearance

for Sherwood Trim & Doors Inc.

Edward IrvineCounsel
1 appearance
Joseph MorrisonCounsel
1 appearance

for St. Michael's Hospital

Michael MogaCounsel
1 appearance
Andrew RomanCounsel
1 appearance
Peter ChauvinCounsel
1 appearance

for T. C. Assaly

Andrew ListerCounsel
1 appearance
Linda MosienkoAgent
1 appearance

for the applicant

Michael O’BrienUnion representative
4 appearances
Maurice BroadfootCounsel
1 appearance
John SprackettCounsel
1 appearance
David C. DanielsCounsel
1 appearance
David KelavaCounsel
1 appearance
Luigi CaringiUnion representative
1 appearance
Steve CronkrightUnion representative
1 appearance
Chris AppletonCounsel
1 appearance
W. NicholsUnion representative
1 appearance
Domenic BellanzaAgent
1 appearance
Alison CollierUnion representative
1 appearance
Shelly McMurraySelf-represented
1 appearance
S.B.D. WahlCounsel
1 appearance
T.A. ZakrzewskiCounsel
1 appearance
A.M. MinskyCounsel
1 appearance
Gail PolskeyAgent
1 appearance
Timothy J. BartkiwCounsel
1 appearance
Ron RupkeAgent
1 appearance
Don HogarthCounsel
1 appearance
Nick ColemanCounsel
1 appearance

for the Applicant

Luigi CaringiUnion representative
2 appearances
Mary Elizabeth HartAgent
1 appearance
Self-representedSelf-represented
1 appearance
Tammy FedorukSelf-represented
1 appearance
Georgia SteinhardAgent
1 appearance
Pat DewykAgent
1 appearance
Chris CromptonUnion representative
1 appearance
Walter SquazzinAgent
1 appearance
C.A. GauthierAgent
1 appearance
Joe DaignaultAgent
1 appearance
Gary LopesSelf-represented
1 appearance
James ThorpeSelf-represented
1 appearance
Enir BassaniAgent
1 appearance
John WoonCounsel
1 appearance
Donna SpasicAgent
1 appearance
Ian ReillyAgent
1 appearance
Sandra MajicAgent
1 appearance
Craig MorriceSelf-represented
1 appearance
Donna SpasicCounsel
1 appearance
Ray BrazeauAgent
1 appearance

For the Applicant

Doug TschirhartSelf-represented
1 appearance

for the Applicant Association

Harold PiccininniAgent
1 appearance

for the applicants

Barry WeislederSelf-represented
1 appearance
Mr. LigtenbergAgent
1 appearance
Bernard FishbeinCounsel
1 appearance
Deborah BerlachCounsel
1 appearance

for the Applicants

Jerry JoyCounsel
1 appearance
James NoonanCounsel
1 appearance
Roger FultonCounsel
1 appearance

for the Applicants and the Respondent Stelco

Toni-Anne N. DasentCounsel
1 appearance
Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance

for the Applicants and the Respondent Stelco Inc.

Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance
Toni-Anne N. DasentCounsel
1 appearance

for the Applicant Union

Antonio J. PintoUnion representative
1 appearance

for the Association of Allied Health Professionals: Ontario

Laura TrachukAgent
1 appearance
Sheila PhilipsAgent
1 appearance
Lynn KeaysAgent
1 appearance

for the Canadian Union of Public Employees, Local 5167

Mark GallinaCounsel
1 appearance
Gus OliveiraCounsel
1 appearance
Michael StokesCounsel
1 appearance

for the Carpenters

Andy RootCounsel
1 appearance
C. CalliganCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for the CAW Canada

Anthony F. DaleCounsel
1 appearance
Chris OuelletteUnion representative
1 appearance

for the City of Hamilton

Walter ThorntonCounsel
1 appearance
Robert MenaghCounsel
1 appearance

for the City of Waterloo Staff Association and the applicant

Christopher WilsonCounsel
1 appearance

for the corporate and individual responding parties

Tony FontanaSelf-represented
1 appearance
Michael HoranCounsel
1 appearance
Tony Della LiberaSelf-represented
1 appearance

for the Corporation of the City of Peterborough

Paul WearingCounsel
1 appearance
Murray HynesAgent
1 appearance

for the Corporation of the City of Waterloo

Kathy DurstCounsel
1 appearance
Stephen F. GleaveCounsel
1 appearance

for the Corporation of the Township of Michipicoten

Don CheslockAgent
1 appearance
Grant SouthwellAgent
1 appearance
David CamelettiCounsel
1 appearance

for the Crown in Right of Ontario

Stephen PatersonCounsel
1 appearance

for the Employees’ Union Providence Continuing Care Centre, St. Mary’s of the Lake Hospital

Brian HarrisCounsel
1 appearance
Gerry VarricchioCounsel
1 appearance

for the employer

June TremblayAgent
1 appearance
J. MaltbyAgent
1 appearance
K. W KortCounsel
1 appearance
V PanettaCounsel
1 appearance

For the Employer

Helmut SchletzAgent
1 appearance

for the Group of Employees

Leanne ChahleyCounsel
1 appearance
Beth SmithAgent
1 appearance
Sue MedvedAgent
1 appearance
Sandy McManusAgent
1 appearance
Paula ValoisAgent
1 appearance
Caroline TherrienAgent
1 appearance
Lori BowermanAgent
1 appearance
Margaret TraynorAgent
1 appearance

for the Groups of Anonymous Employees

Kamal HaffarAgent
1 appearance
Patricia FitzpatrickAgent
1 appearance

for the Groups of Employees

Mandy WarnerAgent
1 appearance

for the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721

Gary CarolineCounsel
1 appearance
Tony AlmeidaUnion representative
1 appearance

for the intervenor

Mike McCrearyCounsel
1 appearance
Rocco LotitoCounsel
1 appearance
Ron CarltonUnion representative
1 appearance
Mark J. LewisCounsel
1 appearance

for the intervenors

Lynne PhillipsSelf-represented
1 appearance
Bruce HawkinsSelf-represented
1 appearance
Patricia Syms SutherlandSelf-represented
1 appearance
Jim WalshSelf-represented
1 appearance
Doreen RahnSelf-represented
1 appearance
Patricia RutterSelf-represented
1 appearance
Teresa SoulliereSelf-represented
1 appearance
Susan GreatrixSelf-represented
1 appearance
Bob DeymanSelf-represented
1 appearance

for the Labourers’ International Union of North America

Don PentelokeCounsel
1 appearance
Henry PerreiraCounsel
1 appearance
Tony IanuzzziCounsel
1 appearance
John MoszynskiCounsel
1 appearance

for the Ministry

Brian BlumentalCounsel
1 appearance

for the Ministry of Labour

Heidi Ann Lazar-MeynCounsel
3 appearances
Judie ImCounsel
2 appearances
Bridget LynettCounsel
1 appearance
Richard HousenCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
Robert SindingCounsel
1 appearance
Karen NortheyCounsel
1 appearance
Murray KleinCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Karima ChaturCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Laurie EisenbergCounsel
1 appearance
Rick KulyskiCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Ontario Nurses' Association

Maureen O'HalloranCounsel
1 appearance
Laura TrachukCounsel
1 appearance
Cindy WilkeyCounsel
1 appearance

for the OSSTF

Joan FarrellCounsel
1 appearance
Jim ForsterCounsel
1 appearance
Paul RookCounsel
1 appearance
Maurice A. GreenCounsel
1 appearance

for the Professional Fire Fighters Association

Judy HarrisUnion representative
1 appearance
Paul BrownUnion representative
1 appearance
Senka DukovichCounsel
1 appearance

for The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity

Carl PetersonCounsel
1 appearance

for the Respondent

John ReidAgent
1 appearance
Ron SuddsAgent
1 appearance
Bob DubniakAgent
1 appearance
Bruce DavidsonAgent
1 appearance
Victoria ReaumeCounsel
1 appearance
Darlene PurkessAgent
1 appearance
Mr. DeluzioCounsel
1 appearance
Ken DuffAgent
1 appearance
Clifford WilsonAgent
1 appearance
Leanne ChahleyCounsel
1 appearance
Carole E. HoglundAgent
1 appearance
Steven CarsonAgent
1 appearance
Kees KortCounsel
1 appearance

for the Respondent employees

Ms. ShoreCounsel
1 appearance

for the Respondent MacDonald

Senka DukovichCounsel
2 appearances
Minh Ngoc Thi PhamCounsel
1 appearance

for the Respondents

Bev RosserCounsel
1 appearance
Kadi NabeSelf-represented
1 appearance
Colleen MontgomeryCounsel
1 appearance
Linda HickeyAgent
1 appearance
Doreen LurieSelf-represented
1 appearance
Wendy LobekSelf-represented
1 appearance
Lora MonacoSelf-represented
1 appearance
Mandy WarnerSelf-represented
1 appearance

for the responding employee

Neil BalbossaAgent
1 appearance
Richard VaughanAgent
1 appearance
Robert VaughanSelf-represented
1 appearance

for the responding employer

Gordon SlemkoCounsel
1 appearance

for the responding parties

Harold F. CaleyCounsel
1 appearance
Charles CalliganCounsel
1 appearance

For the Responding Parties

James SaundersUnion representative
1 appearance

for the responding party

Doug ChalmersAgent
2 appearances
Harold CaleyCounsel
2 appearances
Richard DrmajCounsel
2 appearances
Nancy EberCounsel
1 appearance
Margaret Penasse-MayerAgent
1 appearance
Bruno SilanoCounsel
1 appearance
Stephen BordoAgent
1 appearance
Mark A. StoneCounsel
1 appearance
Brent ForemanAgent
1 appearance
D. NapoliCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Jorge ValaUnion representative
1 appearance
Larry PerksAgent
1 appearance
Kendal J. McKinneyCounsel
1 appearance
Tom HudsonAgent
1 appearance
Richard LewkoCounsel
1 appearance
Michael WarrenCounsel
1 appearance
Derek LueCounsel
1 appearance
B. RudichukCounsel
1 appearance
Michael HoranCounsel
1 appearance

for the Responding party

Anna SchaibleSelf-represented
1 appearance

for the Responding Party

Shawn Les StrangeAgent
1 appearance
N. B. McCannAgent
1 appearance
Murray ScholtenSelf-represented
1 appearance
Barry BaileySelf-represented
1 appearance
Antonio CastroAgent
1 appearance
Nick DomenichielloAgent
1 appearance

for the Southern Ontario Newspaper Guild

Lorne SlotnickCounsel
2 appearances
Luiza MonteiroCounsel
2 appearances
Kathleen MartinCounsel
2 appearances

for the TDSB

Lynda GrovesCounsel
1 appearance
Brenda BowlbyCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America

Walter TracognaUnion representative
1 appearance
David WatsonCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America, Local 1256

N.L JesinCounsel
1 appearance
R. CarltonCounsel
1 appearance

for the Universal Workers Union, LIUNA Local 183

Tony PintoCounsel
1 appearance
Marcia KredentserCounsel
1 appearance

for the Universal Workers Union, L.I.U.N.A., Local 183 and the International Union of Operating Engineers, Local 793

A. MinskyCounsel
1 appearance
M. LewisCounsel
1 appearance
Rocco LotitoUnion representative
1 appearance

for Thomas Fuller Construction Co. (1958) Ltd.

Bill FullerCounsel
1 appearance

for Thomas G. Fuller & Sons Limited

Simon FullerCounsel
1 appearance

for Toronto Parking Authority

Barry MartinCounsel
1 appearance
William LeMayCounsel
1 appearance

for Windsor Casino Limited

Ken DiFedericoCounsel
1 appearance
Carolyn KayCounsel
1 appearance

for Wyecroft Lumber and Trim Limited

Philomena BlakeCounsel
1 appearance

on her own behalf

Cheryll TuckerSelf-represented
1 appearance
Evelyn McKinleySelf-represented
1 appearance
Judy MacintoshSelf-represented
1 appearance

on his own behalf

Lincoln RambaranSelf-represented
1 appearance
Brian MacDonaldSelf-represented
1 appearance
Nelson DaSilvaSelf-represented
1 appearance
J. Stephen WilsonSelf-represented
1 appearance

on their own behalf

Natasha Rosemary ReidSelf-represented
1 appearance
Rosa XavierSelf-represented
1 appearance

representing herself

Arline DeaconSelf-represented
1 appearance

482

Decisions

Years active

Tribunals

2.2

cases/mo

OLRB410(85%)

OPEHT72(15%)

Decision types

motion

308

appeal

113

trial

/Adjudicator

Mary Ellen Cummings — Vice-Chair

Employment and Labour Law

Indigenous Legal Issues

Mary Ellen Cummings

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1991

OPEHT OLRB

482

cases · 19 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Alternate Chair· 250Alternate Chair· 87Chair· 51Alternate Chair· 38Vice-Chair· 12Vice-Chair· 9Vice-Chair· 9Adjudicator/Referee· 8

Scott Goodman

In Private Practice64 cases1985–2025

Richard J. Charney

Harold Caley

15 cases1983–2001

Charles Calligan

2 cases2000–2001

Mary Ellen Cummings

OLRBOntario Labour Relations BoardOct 31, 2000

Retailer declared a non-construction employer as its construction activities were incidental to its primary business.

The applicant, a national clothing retailer, applied under section 127.2 of the Labour Relations Act, 1995 for a declaration that it is a 'non-construction employer'.

The applicant regularly engaged general contractors to renovate and build its retail stores but had not directly employed construction workers for nearly two decades.

The Board concluded the applicant met the statutory pre-conditions for the declaration, but deferred the final order pending a hearing on the responding party's Charter challenge.

Reitmans (Canada) Limited v. The Carpenters’ District Council of Ontario, 2000 CanLII 10079

Walter Tracogna

4 cases1998–2001

Rocco Lotito

4 cases1982–2001

Paul Daly

Practising Law - Employed8 cases2000–2026

Michael McFadden

10 cases1994–2005

Mark J. Lewis

20 cases1994–2001

K. Porter

D. Watson

4 cases2000–2001

D. Napoli

B. Rudichuk

Mary Ellen Cummings

OLRBOntario Labour Relations BoardOct 27, 2000

Application for certification dismissed as untimely due to a valid pre-hire voluntary recognition agreement.

The Board applied the York Condominium factors and found that CPS, not Intracorp, was the true employer.

Consequently, there were no employees in the bargaining unit when the agreement was signed, making it a valid pre-hire agreement under the Nicholls-Radtke exception.

The application for certification was dismissed as untimely.

United Brotherhood of Carpenters and Joiners of America v. Intracorp Developments Ltd., 2000 CanLII 4573

Stephen Mason

20 cases1986–2005

Stephen F. Wilson

2 cases2000–2012

Erin R. Kuzz

17 cases1998–2023

Bob Kupchak

Mary Ellen Cummings

OLRBOntario Labour Relations BoardOct 26, 2000

Order to Pay revoked as untimely because it was issued more than two years after the initial complaint.

The employer applied for a review of an Officer's Order to Pay under the Employment Standards Act regarding unpaid overtime and holiday pay for its drivers.

The Board found that the initial complaint filed by an employee identified the employer, the group of affected employees, and the systemic issue of non-payment of overtime.

Therefore, the facts came to the Director's knowledge at the time of the initial complaint.

Because the Order to Pay was issued more than two years after this date, it was untimely.

The Board revoked the Order to Pay.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 7130

Mary Ellen Cummings

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

J. G. Knight

A. Haward

OLRBOntario Labour Relations BoardOct 23, 2000

Board declines to adjourn hearing of constitutional issues.

The Ontario Labour Relations Board declined to adjourn the hearing of constitutional issues after reviewing the submissions of counsel.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 6420

Mary Ellen Cummings

Application for review of an Order to Pay resolved via Minutes of Settlement.

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

The workplace parties entered into Minutes of Settlement.

Denison Cold Storage & Distribution Inc. v. Roxborough, 2000 CanLII 9711

Mary Ellen Cummings

OLRB orders disbursement of funds held in trust pursuant to parties' settlement of Employment Standards Act dispute.

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.

Franklin Industrial Services Inc. v. Terry Carpentier, 2000 CanLII 9648

Mary Ellen Cummings

J. G. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Brick & Allied Craft Union of Canada - Local 23 v. RHI Canada Inc., 2000 CanLII 5073

Mary Ellen Cummings

Employment standards application withdrawn with leave of the Board.

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

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

Sarah Ann Harvey-McKean v. 1391560 Ontario Limited o/a Atrium Gardens Retirement Center, 2000 CanLII 4387

Mary Ellen Cummings

G. Pickell

A. Haward

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.

International Union of Operating Engineers, Local 793 v. G. Mason Construction, 2000 CanLII 3448

Mary Ellen Cummings

Employment standards application withdrawn with leave of the Board.

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

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

Barbara Diggles v. Whiskey A Go Go and Ministry of Labour, 2000 CanLII 2530

Mary Ellen Cummings

Employment Standards Act appeal resolved via Minutes of Settlement with funds disbursed accordingly.

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 matter was deemed terminated subject to any request by the Ministry of Labour to relist it.

CTW Cleaning Services o/a Molly Maid v. Stirling, 2000 CanLII 2359

Mary Ellen Cummings

Applications withdrawn with leave of the Board.

The applicant sought to withdraw two applications before the Ontario Labour Relations Board.

The Board granted leave and the applications were withdrawn.

Mark Dewar v. Ministry of Correctional Services, 2000 CanLII 1197

Mary Ellen Cummings

Only employees actively at work in the bargaining unit on the application date are eligible to vote.

In an application for certification in the construction industry, the parties disagreed on voter eligibility.

The employer argued that employees not at work on the application date and employees working in Quebec on the application date should be eligible to vote.

The Board rejected the employer's arguments, applying its longstanding 'bright line' test that only employees actively at work in the bargaining unit on the application date are eligible to vote.

The Board noted that the statutory scheme for provincial bargaining in the ICI sector precludes a bargaining unit encompassing employees working in Quebec.

The matter was referred to the Registrar to count the ballots of the eligible voters.

Sheet Metal Workers’ International Association, Local Union No. 47 v. Les Toitures Raymond 1997 Inc., 2000 CanLII 11284

Mary Ellen Cummings

Time extended for director's appeal of Order to Pay due to confusing filing instructions.

The applicant director filed an appeal of an Order to Pay under the Employment Standards Act four days past the 45-day time limit.

The Board found it appropriate to extend the time under section 68(4) of the Act, rendering the application timely.

Robert A. MacNay v. MacNay’s General Store Ltd., 2000 CanLII 10734

Mary Ellen Cummings

Time extended for review application where failure to pay administration costs was a clerical error.

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

The applicant remitted the amount of the Order to Pay but failed to pay the statutory administration costs due to a clerical error.

Upon being notified, the applicant quickly rectified the error and requested an extension of time to apply.

The Board found it appropriate to extend the time for applying, rendering the application timely.

976395 Ontario Inc. o/a Moonfleet v. Burry, 2000 CanLII 10111

Mary Ellen Cummings

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

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

The Board directed the applicant to either pay the difference or provide a breakdown of the statutory deductions.

The applicant's explanation did not account for the difference.

The Board dismissed the application for failing to comply with the requirement under section 68(7) of the Act to pay the full amount of the Order to Pay before an application for review can be made.

CAPS (Complete Asset Protection Systems) v. Giovanni B. Carlos, 2000 CanLII 9022

Mary Ellen Cummings

J. G. Knight

A. Haward

Bank declared a non-construction employer; related employer applications dismissed.

The Toronto-Dominion Bank applied for a declaration that it is a non-construction employer under section 127.2 of the Labour Relations Act, 1995.

The Carpenters District Council applied for related employer declarations under section 1(4) of the Act between the Bank and several construction companies.

In a bottom-line decision, the Ontario Labour Relations Board declared the Bank a non-construction employer, subject to a pending constitutional challenge.

The Board dismissed the related employer applications, finding no common control or direction.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 7606

Mary Ellen Cummings

Time to file application for review extended due to brief delay and confusion over employer's closure.

The applicant requested an extension of time, citing confusion and uncertainty surrounding the sale and closure of his employer.

The Board granted the extension, finding it appropriate given the reasons offered and the relatively brief period of delay.

John Harris v. Agribiotech Canada Inc., 2000 CanLII 7574

Mary Ellen Cummings

G. Pickell

A. Haward

Board issues consent declarations of sale of business and common employer based on settlement.

The applicant union filed applications alleging a sale of business and common employer status, along with an unfair labour practice complaint and a construction industry grievance.

The parties entered into Minutes of Settlement resolving all issues.

The Board issued declarations on consent that a sale of business occurred and that the responding parties constitute a single employer, binding them to the collective agreement.

International Brotherhood of Electrical Workers, Local 1687 v. 1237017 Ontario Limited, 2000 CanLII 4033

Mary Ellen Cummings