Mary Ellen Cummings

OLRBOntario Labour Relations BoardMar 31, 2000

Consent adjournment sine die granted 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 granted the consent adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

International Union of Operating Engineers, Local 793 v. CoCo Paving Limited, 2000 CanLII 2215

Board grants union's request to add responding parties and adjourns grievance application sine die.

The applicant union sought to add new responding parties and adjourn the section 133 application sine die in order to file a related application under sections 1(4) and 69 of the Labour Relations Act.

The responding parties did not appear.

The Board granted the request, added the new responding parties, and adjourned the matter sine die.

Carpenters & Allied Workers Local 27 v. 1171342 Ontario Inc., 2000 CanLII 10726

Mary Ellen Cummings

Board lacks discretion to extend time for paying monies into trust for employment standards review.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds into trust.

The Board declined the request, holding that its discretion under section 68(4) is to extend the time for applying for a review, not to extend the time for paying monies into trust, which is a condition precedent to a complete application.

Opera Mississauga v. Ministry of Labour, 2000 CanLII 10003

Mary Ellen Cummings

Not Practising Law1 case2000–2000

Board cannot extend time to pay monies into trust for an employment standards review application.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds into trust.

The Ontario Labour Relations Board declined the request, holding that its discretion under section 68(4) is to extend the time for applying for a review, not to extend the time for paying monies into trust.

An application for review is not properly made until the monies are paid into trust.

Quinte Tree Spade Service (John Vermeulen) v. George Philips and Ministry of Labour, 2000 CanLII 9728

Kendal J. McKinney

Heidi Ann Lazar-Meyn

Mary Ellen Cummings

Employer's appeal of an Order to Pay dismissed as abandoned due to failure to appear.

The applicant employer appealed an Order to Pay for unpaid wages in the amount of $1,295.94.

At the scheduled hearing, no one appeared on behalf of the employer.

After waiting 30 minutes, the adjudicator dismissed the application as abandoned and ordered the Director of Employment Standards to disburse the money held in trust to the responding employee.

Lina Abbass operating as EI-Mayor Restaurant v. Ahmed Nor and Ministry of Labour, 2000 CanLII 9251

Mary Ellen Cummings

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, having regard to the agreement of the parties.

Therm-O-Disc Canada Ltd. v. Pamela Michie and Ministry of Labour, 2000 CanLII 8242

Mary Ellen Cummings

Employee appeal terminated due to applicant's failure to submit required forms.

The applicant filed an employee appeal but only submitted one part of the Board's forms, assuming the Board already had the necessary information.

The Board informed the applicant that it is an independent tribunal and requires the parties to provide evidence and submissions.

The applicant was provided with the correct forms and rules but failed to resubmit the application.

Consequently, the Board terminated the application.

Craig Morrice v. Ministry of Labour, 2000 CanLII 7974

Mary Ellen Cummings

Employment standards application withdrawn with leave of the Adjudicator/Referee.

The applicant, Robert Bugler, sought to withdraw his employment standards application against Mike Gal’s Truck Service and the Ministry of Labour.

The Adjudicator/Referee granted leave and the application was withdrawn.

Robert Bugler v. Mike Gal’s Truck Service and Ministry of Labour, 2000 CanLII 7796

Mary Ellen Cummings

J. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

Application adjourned sine die for up to one year on consent of the parties.

The applicant union and responding employer agreed to adjourn the application.

The Ontario Labour Relations Board consented to adjourn the matter sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

International Union of Operating Engineers, Local 793 v. Summit Pipeline Services Ltd., 2000 CanLII 6733

Mary Ellen Cummings

J. G. Knight

A. Haward

Board schedules two further continuation dates for October 2000 due to counsel vacation conflicts.

The parties were unable to agree on continuation dates for the hearing.

The Board determined that two further dates were required to complete the matter.

The Board declined to schedule the dates peremptorily in August due to vacation conflicts and instead scheduled the continuation for October 2000.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America and its Locals and Affiliates, 2000 CanLII 6308

Heidi Ann Lazar-Meyn

Mary Ellen Cummings

Employee appeal for termination pay dismissed after applicant failed to attend the hearing.

The applicant employee appealed an Officer's decision not to issue an Order to Pay for termination pay.

Neither the applicant nor the employer attended the scheduled hearing.

After waiting the customary 30 minutes, the Alternate Chair dismissed the application due to the applicant's failure to attend.

Randy Holden v. Fredco Machine Tool Ltd. and Ministry of Labour, 2000 CanLII 6133

Mary Ellen Cummings

Board lacks discretion to extend time for paying monies into trust for Employment Standards Act review.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds.

The Ontario Labour Relations Board declined the request, holding that its discretion under section 68(4) is limited to extending the time for applying for a review, not extending the time for paying monies into trust.

An application is not properly made until the monies are paid.

Adjajo Holdings (1998) Inc. o/a Norcon Canada v. Ministry of Labour, 2000 CanLII 6098

Mary Ellen Cummings

In Private Practice8 cases2000–2016

Employee appeal terminated for failure to submit proper forms.

The employee filed an appeal regarding an Officer's decision not to issue an Order to Pay.

The employee failed to use the Board's forms or provide sufficient information.

Despite being advised of the deficiencies and provided with the necessary forms, the employee did not re-submit the application.

The Board terminated the application.

Ricardo Ludovice v. Express Moving and Ministry of Labour, 2000 CanLII 3226

Murray Klein

22 cases2000–2002

Andrew Lister

Mary Ellen Cummings

Request to return letter of credit denied as it was provided by a liable corporation.

The applicant employer appealed an Order to Pay for unpaid wages.

In a previous decision, the adjudicator found the applicant was not personally liable as a related employer, though his corporations were.

The remaining issue was whether the letter of credit held by the Director of Employment Standards should be returned to the applicant.

The adjudicator found that the initial letter of credit establishing jurisdiction was provided by one of the liable corporations, not the applicant personally.

Therefore, the Director was not required to return the letter of credit and could disburse the funds to the employees.

Thomas C. Assaly v. Gordon Millar, 2000 CanLII 7153

Mary Ellen Cummings

Board directs representation vote for proposed bargaining unit after finding sufficient union membership support.

The applicant union applied for certification to represent employees of the responding party.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined that the parties agreed on the appropriate bargaining unit.

Based on the membership evidence filed, the Board found sufficient support to direct a representation vote, which was scheduled for March 27, 2000.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Belisle Chevrolet Oldsmobile Cadillac, 2000 CanLII 6467

Mary Ellen Cummings

Board lacks jurisdiction to extend time for paying monies into trust under the Employment Standards Act.

The applicant sought an extension of time to pay funds into trust in relation to an application for review of an order to pay under the Employment Standards Act.

The Board held that under section 68 of the Act, an application for review is not properly made unless the required monies are paid into trust.

The Board's discretion under subsection 68(4) is limited to extending the time for applying for a review, not extending the time for paying monies into trust.

Consequently, the Board declined to deal with the request for an extension.

Oxford Steak House Limited v. Cosgrove, 2000 CanLII 10761

Mary Ellen Cummings

Employee's appeal for termination pay terminated due to failure to submit required forms.

The employee filed an appeal from an Officer's decision not to issue an Order to Pay for termination pay.

The appeal was not filed on the proper forms and lacked sufficient information.

The Board advised the employee of the deficiencies and provided the necessary forms, but the employee failed to re-submit the application.

Consequently, the Board terminated the application.

Ian Patterson v. Orlick Industries and Ministry of Labour, 2000 CanLII 9842

Mary Ellen Cummings

Application for review of an Order to Pay terminated due to employer's failure to file correct forms.

The employer sought an application for review of an Order to Pay under the Employment Standards Act.

The Board advised the employer that the application was not filed on the correct form and did not comply with the Board's Rules of Procedure.

The Board provided the appropriate forms and rules, but the employer failed to re-submit the application.

The Board terminated the matter and ordered the Director of Employment Standards to disburse the funds in accordance with the Order to Pay.

Oakdale Cleaners v. Ministry of Labour, 2000 CanLII 9531

Mary Ellen Cummings

Application for review of order to pay terminated for failure to pay monies into trust.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

Under section 68(7) of the Act, an application is not properly made and the Board shall not proceed unless the amount is paid to the Director in trust.

The Board terminated the application.

Vladimir A. Ponomarenko A Director of World Imperial Jewellery Inc. v. Tatiana Zilbermand, Natalia Sipitsyna and Ministry of Labour, 2000 CanLII 8711

Mary Ellen Cummings

Employment and Labour Law

Unfair labour practice complaint dismissed; termination was for legitimate performance issues, not union activity.

The union filed an unfair labour practice complaint alleging that the employer terminated an employee because he was an inside organizer during a certification campaign, in violation of the Labour Relations Act, 1995.

The employer maintained that it was unaware of the employee's union involvement and that he was terminated for legitimate performance issues following progressive discipline.

The Board dismissed the application, finding that the employer did not know of the employee's specific union activities and that the termination was justified by his poor workmanship and prior disciplinary record.

United Steelworkers of America v. Bingo Press & Specialty Limited c.o.b. as Bazaar Novelty, 2000 CanLII 1735

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

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

Mary Ellen Cummings

OLRBOntario Labour Relations BoardMar 31, 2000

Consent adjournment sine die granted 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 granted the consent adjournment for a period not exceeding one year, after which the matter will be deemed terminated if neither party requests to proceed.

International Union of Operating Engineers, Local 793 v. CoCo Paving Limited, 2000 CanLII 2215

Mary Ellen Cummings

J. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

Board grants union's request to add responding parties and adjourns grievance application sine die.

The responding parties did not appear.

The Board granted the request, added the new responding parties, and adjourned the matter sine die.

Carpenters & Allied Workers Local 27 v. 1171342 Ontario Inc., 2000 CanLII 10726

Mary Ellen Cummings

Board lacks discretion to extend time for paying monies into trust for employment standards review.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds into trust.

Opera Mississauga v. Ministry of Labour, 2000 CanLII 10003

Mary Ellen Cummings

Not Practising Law1 case2000–2000

Board cannot extend time to pay monies into trust for an employment standards review application.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds into trust.

An application for review is not properly made until the monies are paid into trust.

Quinte Tree Spade Service (John Vermeulen) v. George Philips and Ministry of Labour, 2000 CanLII 9728

Kendal J. McKinney

Heidi Ann Lazar-Meyn

Mary Ellen Cummings

Employer's appeal of an Order to Pay dismissed as abandoned due to failure to appear.

The applicant employer appealed an Order to Pay for unpaid wages in the amount of $1,295.94.

At the scheduled hearing, no one appeared on behalf of the employer.

After waiting 30 minutes, the adjudicator dismissed the application as abandoned and ordered the Director of Employment Standards to disburse the money held in trust to the responding employee.

Lina Abbass operating as EI-Mayor Restaurant v. Ahmed Nor and Ministry of Labour, 2000 CanLII 9251

Mary Ellen Cummings

Application adjourned sine die on consent of the parties.

The Ontario Labour Relations Board consented to adjourn the application sine die for a period not exceeding one year, having regard to the agreement of the parties.

Therm-O-Disc Canada Ltd. v. Pamela Michie and Ministry of Labour, 2000 CanLII 8242

Mary Ellen Cummings

Employee appeal terminated due to applicant's failure to submit required forms.

The applicant filed an employee appeal but only submitted one part of the Board's forms, assuming the Board already had the necessary information.

The Board informed the applicant that it is an independent tribunal and requires the parties to provide evidence and submissions.

The applicant was provided with the correct forms and rules but failed to resubmit the application.

Consequently, the Board terminated the application.

Craig Morrice v. Ministry of Labour, 2000 CanLII 7974

Mary Ellen Cummings

Employment standards application withdrawn with leave of the Adjudicator/Referee.

The applicant, Robert Bugler, sought to withdraw his employment standards application against Mike Gal’s Truck Service and the Ministry of Labour.

The Adjudicator/Referee granted leave and the application was withdrawn.

Robert Bugler v. Mike Gal’s Truck Service and Ministry of Labour, 2000 CanLII 7796

Mary Ellen Cummings

J. Knight

OLRBUnanimous0 cases1993–2001

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

Application adjourned sine die for up to one year on consent of the parties.

The applicant union and responding employer agreed to adjourn the application.

The Ontario Labour Relations Board consented to adjourn the matter sine die for a period not exceeding one year, after which it will be deemed terminated if neither party requests to proceed.

International Union of Operating Engineers, Local 793 v. Summit Pipeline Services Ltd., 2000 CanLII 6733

Mary Ellen Cummings

J. G. Knight

A. Haward

Board schedules two further continuation dates for October 2000 due to counsel vacation conflicts.

The parties were unable to agree on continuation dates for the hearing.

The Board determined that two further dates were required to complete the matter.

The Board declined to schedule the dates peremptorily in August due to vacation conflicts and instead scheduled the continuation for October 2000.

The Toronto-Dominion Bank v. United Brotherhood of Carpenters and Joiners of America and its Locals and Affiliates, 2000 CanLII 6308

Heidi Ann Lazar-Meyn

Mary Ellen Cummings

Employee appeal for termination pay dismissed after applicant failed to attend the hearing.

The applicant employee appealed an Officer's decision not to issue an Order to Pay for termination pay.

Neither the applicant nor the employer attended the scheduled hearing.

After waiting the customary 30 minutes, the Alternate Chair dismissed the application due to the applicant's failure to attend.

Randy Holden v. Fredco Machine Tool Ltd. and Ministry of Labour, 2000 CanLII 6133

Mary Ellen Cummings

Board lacks discretion to extend time for paying monies into trust for Employment Standards Act review.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

The applicant requested an extension of time to pay the funds.

An application is not properly made until the monies are paid.

Adjajo Holdings (1998) Inc. o/a Norcon Canada v. Ministry of Labour, 2000 CanLII 6098

Mary Ellen Cummings

In Private Practice8 cases2000–2016

Employee appeal terminated for failure to submit proper forms.

The employee filed an appeal regarding an Officer's decision not to issue an Order to Pay.

The employee failed to use the Board's forms or provide sufficient information.

Despite being advised of the deficiencies and provided with the necessary forms, the employee did not re-submit the application.

The Board terminated the application.

Ricardo Ludovice v. Express Moving and Ministry of Labour, 2000 CanLII 3226

Murray Klein

22 cases2000–2002

Andrew Lister

Mary Ellen Cummings

Request to return letter of credit denied as it was provided by a liable corporation.

The applicant employer appealed an Order to Pay for unpaid wages.

In a previous decision, the adjudicator found the applicant was not personally liable as a related employer, though his corporations were.

The remaining issue was whether the letter of credit held by the Director of Employment Standards should be returned to the applicant.

The adjudicator found that the initial letter of credit establishing jurisdiction was provided by one of the liable corporations, not the applicant personally.

Therefore, the Director was not required to return the letter of credit and could disburse the funds to the employees.

Thomas C. Assaly v. Gordon Millar, 2000 CanLII 7153

Mary Ellen Cummings

Board directs representation vote for proposed bargaining unit after finding sufficient union membership support.

The applicant union applied for certification to represent employees of the responding party.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined that the parties agreed on the appropriate bargaining unit.

Based on the membership evidence filed, the Board found sufficient support to direct a representation vote, which was scheduled for March 27, 2000.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Belisle Chevrolet Oldsmobile Cadillac, 2000 CanLII 6467

Mary Ellen Cummings

Board lacks jurisdiction to extend time for paying monies into trust under the Employment Standards Act.

The applicant sought an extension of time to pay funds into trust in relation to an application for review of an order to pay under the Employment Standards Act.

The Board held that under section 68 of the Act, an application for review is not properly made unless the required monies are paid into trust.

The Board's discretion under subsection 68(4) is limited to extending the time for applying for a review, not extending the time for paying monies into trust.

Consequently, the Board declined to deal with the request for an extension.

Oxford Steak House Limited v. Cosgrove, 2000 CanLII 10761

Mary Ellen Cummings

Employee's appeal for termination pay terminated due to failure to submit required forms.

The employee filed an appeal from an Officer's decision not to issue an Order to Pay for termination pay.

The appeal was not filed on the proper forms and lacked sufficient information.

The Board advised the employee of the deficiencies and provided the necessary forms, but the employee failed to re-submit the application.

Consequently, the Board terminated the application.

Ian Patterson v. Orlick Industries and Ministry of Labour, 2000 CanLII 9842

Mary Ellen Cummings

Application for review of an Order to Pay terminated due to employer's failure to file correct forms.

The employer sought an application for review of an Order to Pay under the Employment Standards Act.

The Board advised the employer that the application was not filed on the correct form and did not comply with the Board's Rules of Procedure.

The Board provided the appropriate forms and rules, but the employer failed to re-submit the application.

The Board terminated the matter and ordered the Director of Employment Standards to disburse the funds in accordance with the Order to Pay.

Oakdale Cleaners v. Ministry of Labour, 2000 CanLII 9531

Mary Ellen Cummings

Application for review of order to pay terminated for failure to pay monies into trust.

The applicant filed an application for review of an order to pay under the Employment Standards Act but failed to pay the required monies into trust.

Under section 68(7) of the Act, an application is not properly made and the Board shall not proceed unless the amount is paid to the Director in trust.

The Board terminated the application.

Vladimir A. Ponomarenko A Director of World Imperial Jewellery Inc. v. Tatiana Zilbermand, Natalia Sipitsyna and Ministry of Labour, 2000 CanLII 8711

Mary Ellen Cummings