Mary Ellen Cummings

Employee appeal terminated due to failure to file a complete application form.

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

The application form was incomplete, and the applicant was advised to re-file with new forms.

The applicant failed to re-file the application.

The Board terminated the application.

John Lawson v. Ministry of Labour, 2000 CanLII 9936

Mary Ellen Cummings

Representation vote directed in union certification application after finding sufficient membership support.

The applicant trade 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 the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed that a representation vote be held.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Cyrville Chrysler Ltd., 2000 CanLII 6657

Consent order issued in construction industry grievance for $11,962.68 in damages for collective agreement violations.

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

On the scheduled hearing date, the parties entered into a Memorandum of Agreement settling the matter.

The Board issued a consent order declaring that the responding party was bound by the collective agreement, had violated it by failing to pay benefits and using non-union workers, and ordered the payment of $11,962.68 in damages and costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Barry Bailey c.o.b. as BBI Acoustics & Drywall Applicators, 2000 CanLII 10384

Mary Ellen Cummings

J. Knight

G. McMenemy

Board issues consent order declaring employer bound by collective agreement and ordering costs for grievance.

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

On the scheduled hearing date, the parties entered into a Memorandum of Agreement.

The Board issued a consent order declaring that the responding party is bound by the collective agreement, violated its terms, and must pay $1,450 in costs, with the matter adjourned to a later date.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investers and Builders Ltd., 2000 CanLII 8136

Mary Ellen Cummings

In Private Practice1 case2000–2000

Reconsideration of employment standards appeal dismissal denied due to failure to provide supporting documents.

The applicant sought reconsideration of a decision dismissing his employment standards appeal.

The appeal was originally dismissed because the applicant had also brought a civil action for wrongful dismissal, contrary to section 64 of the Employment Standards Act.

The applicant claimed the civil action was dismissed because of the employment standards complaint, but failed to provide documents substantiating this claim despite being directed to do so.

The Board declined to reconsider the dismissal.

Husnu Hurmuz Miho v. Knoll North America Corp., 2000 CanLII 7976

Jeffrey E. Canto-Thaler

Clifford J. Hart

In Private Practice14 cases1992–2013

Mary Ellen Cummings

Employer's appeal allowed; termination of pregnant employee during restructuring was for bona fide business reasons.

The employer appealed an Employment Standards Officer's determination that it violated the Employment Standards Act by terminating an employee who was pregnant and entitled to take a leave.

The employer had eliminated the employee's management position as part of a broader corporate restructuring and cost-cutting initiative.

The Board found that the termination was for bona fide business reasons and not a reprisal for the employee's impending pregnancy leave.

The Board also rejected the argument that the employee was entitled to pay in lieu of notice because pregnancy complications prevented her from working through the full notice period.

The appeal was allowed and the order to pay was rescinded.

Pioneer Youth Services (Toronto) Inc. v. Denise Fitzpatrick and Ministry of Labour, 2000 CanLII 4665

Mary Ellen Cummings

J. Knight

G. McMenemy

Application adjourned sine die on consent of the parties.

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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. City Acoustics Limited, 2000 CanLII 11081

Mary Ellen Cummings

J. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application.

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Interac Contractors Inc., 2000 CanLII 9611

Mary Ellen Cummings

J. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 8168

Mary Ellen Cummings

J. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Systems Ltd., 2000 CanLII 7219

Mary Ellen Cummings

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 6, 2000

Arrest warrant issued for witness who failed to attend construction grievance hearing after being summoned.

The applicant union referred a construction industry grievance to the Board.

When the responding party failed to appear at the scheduled hearing, the applicant requested an arrest warrant for a principal of the responding party who had been properly served with a summons and conduct money.

The Board found that the witness's presence and documents were material to the ends of justice.

Pursuant to its powers under the Labour Relations Act, 1995, the Board issued an arrest warrant to compel the witness's attendance at the continuation of the hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Jean Paul Construction Limited, 2000 CanLII 10812

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 2, 2000

Application adjourned sine die on consent of the parties.

The parties 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 no request to proceed is made.

Labourers’ International Union of North America, Local 1059 v. Clifford Masonry Limited, 2000 CanLII 6934

Mary Ellen Cummings

OLRBOntario Labour Relations BoardFeb 18, 2000

Employment standards matter terminated following parties' Minutes of Settlement.

The applicant brought an employment standards matter before the Ontario Labour Relations Board.

The parties reached Minutes of Settlement.

Having regard to the settlement, the Board ordered the matter terminated.

Renzo Crosetta v. Ontario Power Generation Inc., 2000 CanLII 1385

Mary Ellen Cummings

J. Knight

A. Haward

Applications withdrawn with leave of the Board.

The applicant, Labourers' International Union of North America, Local 183, sought to withdraw its applications against the responding parties, The Atlas Corporation and Tectonic Infrastructure Inc. The Ontario Labour Relations Board granted leave and the applications were withdrawn.

Labourers’ International Union of North America, Local 183 v. The Atlas Corporation and Tectonic Infrastructure Inc., 2000 CanLII 8896

Mary Ellen Cummings

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

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Dimas Daponte v. Carpenters & Allied Workers Local 27, The United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 3723

Mary Ellen Cummings

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

The Ontario Labour Relations Board granted a consent request to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the matter will be deemed terminated.

Dimas Daponte v. Carpenters & Allied Workers Local 27, 2000 CanLII 1220

Mary Ellen Cummings

OLRBOntario Labour Relations BoardFeb 11, 2000

Application for review will be terminated unless proper forms are filed by the specified deadline.

The employer sought an application for review of an Order to Pay but failed to file the correct forms with the Ontario Labour Relations Board.

The Board notified the employer and provided the necessary forms, but the employer did not respond for nearly five months.

The Board issued a decision stating that unless a proper application is filed by March 17, 2000, the matter will be terminated and the monies held in trust will be disbursed.

Donn-Marr Welding Supply Inc. v. Ministry of Labour, 2000 CanLII 10600

Mary Ellen Cummings

Board issues case management directions in appeals of a $612,501.46 Employment Standards Order to Pay.

The Board issued case management directions in an employer appeal and two employee appeals of an Employment Standards Officer's Order to Pay.

The Order to Pay assessed $612,501.46 against the employer for failing to keep accurate records, failing to pay overtime, failing to provide eating periods, and failing to pay proper public holiday pay.

The Board directed the union to formalize its participation, directed the Ministry of Labour to produce the calculations underlying the Order to Pay, and set deadlines for raising preliminary issues.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 10562

Mary Ellen Cummings

Board declines to accept affidavit evidence, directing applicant to serve a Summons to Witness instead.

The applicant's counsel requested direction on whether the Board would accept an affidavit for an important witness or how to assure their attendance.

The Board advised that it generally does not accept affidavits because natural justice requires witnesses to be available for cross-examination.

The Board directed counsel to serve a Summons to Witness with reasonable notice and conduct money to assure attendance.

Paul Brunet v. Industrial Wood and Allied Workers of Canada Local 2693 and Domtar Inc. Domtar Forest Products, 2000 CanLII 9183

Stephen F. Gleave

72 cases1993–2025

Kathy Durst

1 case2000–2000

Christopher Wilson

3 cases2000–2002

Mary Ellen Cummings

Employment and Labour Law

Successorship application dismissed as the predecessor staff association was not a valid bargaining agent.

The applicant trade union sought a declaration under section 68 of the Labour Relations Act, 1995 that it was the successor to the City of Waterloo Staff Association.

The Board found that while the Staff Association met the definition of a 'trade union', it was not a 'bargaining agent' capable of transferring bargaining rights.

The Board concluded that the Staff Association's formation and administration were riddled with employer support, including mandatory membership and dues deduction, and that it had never acted as the exclusive bargaining agent for the employees.

As the Staff Association did not hold bargaining rights at the time of the alleged merger, the application was dismissed.

Office & Professional Employees International Union v. Corporation of the City of Waterloo, 2000 CanLII 5312

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

Employee appeal terminated due to failure to file a complete application form.

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

The application form was incomplete, and the applicant was advised to re-file with new forms.

The applicant failed to re-file the application.

The Board terminated the application.

John Lawson v. Ministry of Labour, 2000 CanLII 9936

Mary Ellen Cummings

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

Representation vote directed in union certification application after finding sufficient membership support.

The applicant trade 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 the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed that a representation vote be held.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Cyrville Chrysler Ltd., 2000 CanLII 6657

Mary Ellen Cummings

J. Knight

G. McMenemy

Consent order issued in construction industry grievance for $11,962.68 in damages for collective agreement violations.

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

On the scheduled hearing date, the parties entered into a Memorandum of Agreement settling the matter.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Barry Bailey c.o.b. as BBI Acoustics & Drywall Applicators, 2000 CanLII 10384

Mary Ellen Cummings

J. Knight

G. McMenemy

Board issues consent order declaring employer bound by collective agreement and ordering costs for grievance.

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

On the scheduled hearing date, the parties entered into a Memorandum of Agreement.

The Board issued a consent order declaring that the responding party is bound by the collective agreement, violated its terms, and must pay $1,450 in costs, with the matter adjourned to a later date.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Castro Investers and Builders Ltd., 2000 CanLII 8136

Mary Ellen Cummings

In Private Practice1 case2000–2000

Reconsideration of employment standards appeal dismissal denied due to failure to provide supporting documents.

The applicant sought reconsideration of a decision dismissing his employment standards appeal.

The appeal was originally dismissed because the applicant had also brought a civil action for wrongful dismissal, contrary to section 64 of the Employment Standards Act.

The applicant claimed the civil action was dismissed because of the employment standards complaint, but failed to provide documents substantiating this claim despite being directed to do so.

The Board declined to reconsider the dismissal.

Husnu Hurmuz Miho v. Knoll North America Corp., 2000 CanLII 7976

Jeffrey E. Canto-Thaler

Clifford J. Hart

In Private Practice14 cases1992–2013

Mary Ellen Cummings

Employer's appeal allowed; termination of pregnant employee during restructuring was for bona fide business reasons.

The employer appealed an Employment Standards Officer's determination that it violated the Employment Standards Act by terminating an employee who was pregnant and entitled to take a leave.

The employer had eliminated the employee's management position as part of a broader corporate restructuring and cost-cutting initiative.

The Board found that the termination was for bona fide business reasons and not a reprisal for the employee's impending pregnancy leave.

The Board also rejected the argument that the employee was entitled to pay in lieu of notice because pregnancy complications prevented her from working through the full notice period.

The appeal was allowed and the order to pay was rescinded.

Pioneer Youth Services (Toronto) Inc. v. Denise Fitzpatrick and Ministry of Labour, 2000 CanLII 4665

Mary Ellen Cummings

J. Knight

G. McMenemy

Application adjourned sine die on consent of the parties.

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.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. City Acoustics Limited, 2000 CanLII 11081

Mary Ellen Cummings

J. Knight

G. McMenemy

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application.

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

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Interac Contractors Inc., 2000 CanLII 9611

Mary Ellen Cummings

J. Knight

G. McMenemy

Application withdrawn with leave of the Board.

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

The Board granted leave and the application was withdrawn.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Belmont Drywall Concord Ltd., 2000 CanLII 8168

Mary Ellen Cummings

J. Knight

G. McMenemy

OLRBUnanimous (Wrote the reasons)0 cases1991–2009

Grievance referral adjourned sine die on consent of the parties.

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

On the agreement of the parties, the Board consented to adjourn the application sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Industry Drywall Systems Ltd., 2000 CanLII 7219

Mary Ellen Cummings

J. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 6, 2000

Arrest warrant issued for witness who failed to attend construction grievance hearing after being summoned.

The applicant union referred a construction industry grievance to the Board.

The Board found that the witness's presence and documents were material to the ends of justice.

Pursuant to its powers under the Labour Relations Act, 1995, the Board issued an arrest warrant to compel the witness's attendance at the continuation of the hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Jean Paul Construction Limited, 2000 CanLII 10812

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardMar 2, 2000

Application adjourned sine die on consent of the parties.

The parties 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 no request to proceed is made.

Labourers’ International Union of North America, Local 1059 v. Clifford Masonry Limited, 2000 CanLII 6934

Mary Ellen Cummings

OLRBOntario Labour Relations BoardFeb 18, 2000

Employment standards matter terminated following parties' Minutes of Settlement.

The applicant brought an employment standards matter before the Ontario Labour Relations Board.

The parties reached Minutes of Settlement.

Having regard to the settlement, the Board ordered the matter terminated.

Renzo Crosetta v. Ontario Power Generation Inc., 2000 CanLII 1385

Mary Ellen Cummings

J. Knight

A. Haward

Applications withdrawn with leave of the Board.

Labourers’ International Union of North America, Local 183 v. The Atlas Corporation and Tectonic Infrastructure Inc., 2000 CanLII 8896

Mary Ellen Cummings

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

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Dimas Daponte v. Carpenters & Allied Workers Local 27, The United Brotherhood of Carpenters and Joiners of America, 2000 CanLII 3723

Mary Ellen Cummings

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

The Ontario Labour Relations Board granted a consent request to adjourn the application sine die for a period not exceeding one year.

If no party requests to proceed within that time, the matter will be deemed terminated.

Dimas Daponte v. Carpenters & Allied Workers Local 27, 2000 CanLII 1220

Mary Ellen Cummings

OLRBOntario Labour Relations BoardFeb 11, 2000

Application for review will be terminated unless proper forms are filed by the specified deadline.

The employer sought an application for review of an Order to Pay but failed to file the correct forms with the Ontario Labour Relations Board.

The Board notified the employer and provided the necessary forms, but the employer did not respond for nearly five months.

The Board issued a decision stating that unless a proper application is filed by March 17, 2000, the matter will be terminated and the monies held in trust will be disbursed.

Donn-Marr Welding Supply Inc. v. Ministry of Labour, 2000 CanLII 10600

Mary Ellen Cummings

Board issues case management directions in appeals of a $612,501.46 Employment Standards Order to Pay.

The Board issued case management directions in an employer appeal and two employee appeals of an Employment Standards Officer's Order to Pay.

The Board directed the union to formalize its participation, directed the Ministry of Labour to produce the calculations underlying the Order to Pay, and set deadlines for raising preliminary issues.

Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al., 2000 CanLII 10562

Mary Ellen Cummings

Board declines to accept affidavit evidence, directing applicant to serve a Summons to Witness instead.

The applicant's counsel requested direction on whether the Board would accept an affidavit for an important witness or how to assure their attendance.

The Board advised that it generally does not accept affidavits because natural justice requires witnesses to be available for cross-examination.

The Board directed counsel to serve a Summons to Witness with reasonable notice and conduct money to assure attendance.

Paul Brunet v. Industrial Wood and Allied Workers of Canada Local 2693 and Domtar Inc. Domtar Forest Products, 2000 CanLII 9183

Stephen F. Gleave

72 cases1993–2025

Kathy Durst

1 case2000–2000

Christopher Wilson

3 cases2000–2002

Mary Ellen Cummings