Patrick Kelly

Request for reconsideration dismissed due to late filing and lack of compelling reasons.

The applicant requested a reconsideration of a July 13, 2001 decision that dismissed his application for review under the Employment Standards Act regarding an alleged constructive dismissal.

The Board declined to consider the request because it was filed more than 20 days after the decision without an explanation or request for an extension, contrary to Rule 96 of the Board's Rules of Procedure.

The Board also noted that even if timely, the request would have been denied as it merely disagreed with the original conclusion without providing compelling reasons.

Slavtcho Petrov Detchev v. Canadian Feed Screws Mfg. Ltd. and Ministry of Labour, 2001 CanLII 17307

Patrick Kelly

Application terminated due to applicant's failure to respond to Board direction.

The applicant failed to respond to the Board's previous decision directing it to indicate how it wished to proceed with the matter.

As a result, the Board terminated the application.

United Steelworkers of America v. Saan Stores Ltd. and Gendis Inc., 2001 CanLII 18931

Patrick Kelly

Board directs applicant to provide submissions on whether duty of fair representation application is premature.

The applicant filed an application alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding union argued that the application was premature because the underlying grievances were still moving through the collective agreement's grievance procedure.

The Board directed the applicant to provide written submissions explaining why the Board should not decline to inquire into the application on the basis of prematurity, deferring consideration of the union's motion to dismiss for failure to disclose a prima facie case.

Samia Ibrahim v. U.F.C.W., 2001 CanLII 12018

Maurice Thompson

Karima Chatur

In Private Practice37 cases1982–2025

John W. Montgomery

Patrick Kelly

Employment standards review applications resolved by consent order following Minutes of Settlement.

The employer and employee filed cross-applications for review of an Employment Standards Officer's Order to Pay.

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 $1,500 paid to the employee and $1,774.16 returned to the employer.

The employee's application was withdrawn.

Eastway Plymouth Chrysler Ltd. v. MacGregor, 2001 CanLII 5935

Patrick Kelly

OLRBOntario Labour Relations BoardAug 29, 2001

Board clarifies remedial order grants applicant input into union's counsel selection, not separate independent counsel.

Following a finding that the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995, a dispute arose regarding the Board's remedial order directing the provision of independent legal counsel.

The applicant contended he was entitled to separate legal counsel at the union's expense, while the union argued the order only provided the applicant a choice in selecting the counsel to represent the union at arbitration.

The Board clarified that the order was intended to give the applicant input into the selection of the lawyer representing the union, not to provide separate counsel, as the union retains carriage of the grievance.

Flock v. Office & Professional Employees International Union Local 343, 2001 CanLII 17330

Marsha Lindsay

Practising Law - Employed7 cases2000–2004

Cathy Braker

12 cases2000–2013

Patrick Kelly

Union certification application dismissed following a tie in the representation vote.

The applicant union filed an application for certification and two unfair labour practice complaints against the responding employer.

The parties entered into a memorandum of settlement, resulting in the termination of the unfair labour practice complaints.

For the certification application, the parties agreed to count all but two segregated ballots.

The representation vote resulted in a 122-122 tie.

Because not more than fifty percent of the ballots were cast in favour of the union, the application for certification was dismissed.

United Steelworkers of America v. Concord Elevator Inc., 2001 CanLII 18952

R. R. Montague

Patrick Kelly

J. A. Rundle

Board declares sale of business and establishes new bargaining unit for municipal employees.

The applicant municipality applied under section 69 of the Labour Relations Act, 1995, alleging a sale of a business from the Quinte West Public Utilities Commission.

The parties reached an agreement on the remaining issues in dispute.

The Board declared a sale of a business, found an intermingling of employees, and established a single appropriate bargaining unit with CUPE Local 799 as the bargaining agent.

The Board also declared that the applicant was no longer bound by the predecessor collective agreements.

The Corportion of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 16916

Patrick Kelly

OLRBOntario Labour Relations BoardAug 21, 2001

Motions to dismiss duty of fair representation complaint denied; applicant established a prima facie case.

The applicant, a temporary employee, filed a duty of fair representation complaint against her union after her employer issued an unfavourable performance review and refused to rehire her.

The union and the employer (intervenor) brought motions to dismiss the application for failing to disclose a prima facie case.

The Board dismissed the motions, finding that the applicant met the low threshold for establishing a prima facie case, although it noted that the union and employer had raised plausible defences based on the collective agreement and prior events that would likely defeat the application if proven.

Cimpric v. Brewery General and Professional Worker’s Union Local 304, 2001 CanLII 6446

Patrick Kelly

OLRBOntario Labour Relations BoardAug 17, 2001

Request for reconsideration of duty of fair representation dismissal denied for failing to meet established standards.

The applicant requested reconsideration of a Board decision that dismissed his duty of fair representation application against his union.

The applicant argued the Board disregarded his lack of culpability regarding a suspension grievance and failed to link his unsuccessful bid for union office with the union's handling of his grievances.

The Board declined to reconsider, finding the applicant's reasons fell below the established standards for reconsideration, as the original decision focused on the union's representation rather than the grievance's merits, and found no fault in the union's handling of his grievances.

Lewis R. Reed v. United Steelworkers of America, 2001 CanLII 16656

Patrick Kelly

OLRBOntario Labour Relations BoardAug 15, 2001

Employee appeal dismissed as the parties had entered into a valid settlement agreement disposing of all claims.

The applicant appealed an Employment Standards Officer's refusal to issue an Order to Pay regarding her termination, which she alleged was due to pregnancy.

The Ministry of Labour and the employer argued the appeal should be dismissed because the parties had previously signed a settlement agreement.

The applicant claimed she was misled into signing the agreement due to language barriers and misrepresentations by the Officer.

The Board found that the applicant had the assistance of a friend for interpretation, was not misled by the Officer, and understood that the settlement disposed of her entire claim under the Employment Standards Act.

The application for review was dismissed.

Yee Fun Chan v. Screen Graphic Productions Ltd, 2001 CanLII 4049

Nazar Chahal

Karima Chatur

Ira Peters

Patrick Kelly

OLRBOntario Labour Relations BoardAug 10, 2001

Employer application for review of an Order to Pay resolved by minutes of settlement.

The employer applied for a review of an Order to Pay under the Employment Standards Act.

Prior to the hearing, the parties entered into minutes of settlement.

The Board ordered the funds held in trust by the Director to be disbursed in accordance with the settlement, with $2,163.20 paid to the employer, $2,163.20 paid to the employee, and the administration fee retained by the Consolidated Revenue Fund.

Hi-Way Hydraulics Ltd. v. Rabindra Persaud and Ministry of Labour, 2001 CanLII 2656

Patrick Kelly

OLRBOntario Labour Relations BoardAug 7, 2001

Union's motion to dismiss duty of fair representation complaint without a hearing denied.

The responding party trade union (OPSEU) brought a motion to dismiss the applicant's duty of fair representation application without a hearing, arguing it did not disclose a prima facie case.

The applicant alleged he lost his employment, OPSEU purported to file a grievance but he never saw it, and OPSEU took no action and refused to pursue arbitration.

The Board found that although the allegations were sparse, if proven true, they might make out a violation of section 74 of the Labour Relations Act, 1995.

The motion to dismiss was denied.

Tony Olivieri v. Ontario Public Service Employees Union, 2001 CanLII 13165

Patrick Kelly

OLRBOntario Labour Relations BoardAug 3, 2001

Adjournment request denied as union convention attendance did not constitute a compelling reason.

The responding party requested an adjournment of a scheduled consultation to allow its representative to attend a union constitutional convention.

The intervenor consented, but the applicant opposed the request.

The Board denied the adjournment, finding no compelling reasons or circumstances beyond the responding party's control, particularly given the applicant's compelling interest in resolving a matter involving his loss of employment without undue delay.

Tony Fomenko v. CAW Canada and Canadian Auto Workers, 2001 CanLII 7475

R. R. Montague

OLRBUnanimous (Wrote the reasons)0 cases1999–2019

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardJul 30, 2001

Representation vote denied due to wide disparity in bargaining unit representation between two unions.

The applicant municipality applied to the Ontario Labour Relations Board following a sale of a business from the predecessor Public Utilities Commission.

The Board considered whether to direct a representation vote between two responding trade unions.

The Board declined to order a representation vote under section 69(8) of the Labour Relations Act, 1995, noting the wide disparity in bargaining unit representation (one union represented over 86% of employees, while the other represented less than 14%).

The Board also noted the parties' agreement that the applicant is bound to the predecessor's collective agreement.

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 16105

Robert McKay

17 cases1984–2001

Jennifer Roberts-Logan

3 cases2001–2003

Jeff Andrew

14 cases1993–2013

Don Houston

Patrick Kelly

OLRBOntario Labour Relations BoardJul 16, 2001

Sale of business and related employer applications dismissed; loss of bargaining rights resulted from economic failure.

The applicant union alleged a sale of business from Greenberg Stores Ltd. to Saan Stores Ltd. following Greenberg's bankruptcy, or alternatively sought a related employer declaration against Gendis Inc., Greenberg, and Saan.

The Board found no sale of business under section 69 of the Labour Relations Act, as there was no evidence Saan used Greenberg's acquired trademarks to operate its new store.

While the Board found the entities met the criteria for related businesses under section 1(4), it declined to exercise its discretion to make a declaration.

The Board concluded the union's bargaining rights were lost due to Greenberg's legitimate economic failure, not artificial corporate manipulation.

United Steelworkers of America v. Saan Stores Ltd. and Gendis Inc., 2001 CanLII 9299

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed in union certification application.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of at least forty percent of the proposed bargaining unit.

The Board directed that a representation vote be held, with segregated ballots for individuals in disputed positions.

The Communications, Energy and Paperworkers Union of Canada v. The Association of Management, Administrative and Professional Crown Employees of Ontario (AMAPCEO), 2001 CanLII 14594

L. Eisenberg

29 cases2000–2001

Patrick Kelly

Order to pay rescinded as evidence showed employee quit and had received vacation pay.

The employer appealed an Employment Standards Officer's Order to Pay termination and vacation pay to a former employee.

The claimant failed to appear at the hearing.

The Board heard uncontradicted evidence that the claimant had quit her employment following a confrontation over a suspension for missing a shift, and that she had already been paid her vacation pay.

The Board allowed the appeal and rescinded the Order to Pay.

1285290 Ontario Limited operating as Country Platter Restaurant v. Misty Dawn DeJong and Ministry of Labour, 2001 CanLII 3326

Patrick Kelly

J. A. Ronson

OLRBUnanimous0 cases1987–2001

H. Peacock

OLRBOntario Labour Relations BoardJul 9, 2001

Application alleging unlawful reprisal withdrawn following a consent order incorporating the parties' settlement agreement.

The applicants filed an application under section 50 of the Occupational Health and Safety Act alleging an unlawful reprisal by the responding party.

Following a meeting with a Labour Relations Officer, the parties entered into a Memorandum of Agreement to resolve the issues.

The responding party agreed not to place letters of counsel on the applicants' fact files and not to impose discipline arising from the events in question.

The Board issued a consent order incorporating the agreement and granted leave to withdraw the application.

Ontario Public Service Employees’ Union v. Ministry of Correctional Services, 2001 CanLII 2885

Patrick Kelly

OLRBOntario Labour Relations BoardJul 6, 2001

Union's motion to dismiss duty of fair representation complaint for lack of prima facie case denied.

The applicant filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act by settling his grievance without his knowledge or consent.

The union brought a motion to dismiss the application for failing to disclose a prima facie case.

The Board found that the applicant's allegations, if true, established a prima facie case requiring the union to explain its actions.

The union's motion to dismiss was denied and the matter was referred to the Registrar.

Walter Pinto v. CAW Local 385, 2001 CanLII 16690

appearing for Canadian Union of Public Employees, Local 3393

Ivan BurbanoUnion representative
1 appearance
Judy SnivelyUnion representative
1 appearance
Matthew GravesUnion representative
1 appearance
Steve LillicoUnion representative
1 appearance

appearing for St. Christopher House

Maureen FairAgent
1 appearance
Simone CusenzaAgent
1 appearance

appearing on behalf of the applicant

Carolyn KayCounsel
1 appearance
Dave McCullochAgent
1 appearance
Edward AlmeidaAgent
1 appearance
George DendiasAgent
1 appearance
Joanne BranchaudAgent
1 appearance
Lisa BoultonAgent
1 appearance
Neil FraserAgent
1 appearance
Ron MaudeSelf-represented
1 appearance

appearing on behalf of the intervenor

Jeff MitchellCounsel
1 appearance
John DonofrioCounsel
1 appearance

appearing on behalf of the Ministry of Correctional Services

Ajamu BoardiAgent
1 appearance
Cathy MorrisAgent
1 appearance
Neil NevilleAgent
1 appearance

appearing on behalf of the Ministry of Labour

Bridget LynettAgent
1 appearance
Paul FaustinoAgent
1 appearance

appearing on behalf of the responding parties

B. ChercoverCounsel
1 appearance
B. ReithCounsel
1 appearance
J. JansenCounsel
1 appearance
W. WhiteCounsel
1 appearance

appearing on her own behalf

Phung Kim QuachSelf-represented
1 appearance
Rabindra PersaudSelf-represented
1 appearance

appearing on his own behalf

Charles MacGregorSelf-represented
1 appearance
Perry ZolisSelf-represented
1 appearance

for 1083859 Ontario Ltd. carrying on business as Adams Services

Blair McCreadieCounsel
1 appearance
Michael HoranCounsel
1 appearance
Randy AdamsAgent
1 appearance

for 1207665 Ontario Inc., Operating as Steak Queen Restaurant

Bill LaiAgent
1 appearance

for 638430 Ontario Limited

David McKerlieCounsel
1 appearance

for Beachville Lime Limited

Rusty McLayCounsel
1 appearance
Stephen BrookshawAgent
1 appearance
Suzanne RitzerAgent
1 appearance

for Brookfield

Liz GraberAgent
1 appearance
Phil LongtonAgent
1 appearance

for Canadian Auto Workers’ Union, Local 1967

Alex FaulosUnion representative
1 appearance
Dan YoungsUnion representative
1 appearance
Dave HunterUnion representative
1 appearance
Doug TylerUnion representative
1 appearance
Ken BradshawUnion representative
1 appearance
Thomas GrahamUnion representative
1 appearance

for Canadian Shareowners Association

David CussonsCounsel
1 appearance
John R. BrookesCounsel
1 appearance
Oliver SuthernsCounsel
1 appearance

for CAW-Canada

Chris BuckleyUnion representative
1 appearance
Jim HoyUnion representative
1 appearance

for CAW Local 636

Joe KaplarUnion representative
1 appearance
Joe StapletonUnion representative
1 appearance
Steve MacDonaldUnion representative
1 appearance

for CEP Local 3264

David WrightCounsel
2 appearances
Rick CecchinCounsel
1 appearance
Rick CecchinUnion representative
1 appearance
Tim HarringtonCounsel
1 appearance
Tim HarringtonUnion representative
1 appearance

for CEP Local 774

E. DuresCounsel
1 appearance
E. DuresUnion representative
1 appearance
S. B. D. WahlCounsel
1 appearance
S.B.D. WahlCounsel
1 appearance

for Christian Labour Association of Canada

Bill AndersonCounsel
1 appearance
Dan CondonUnion representative
1 appearance
Hank BeekhuisUnion representative
1 appearance
Terry WilsonUnion representative
1 appearance

for Communications, Energy and Paperworkers Union, Local 3264

David WrightCounsel
1 appearance
Rick CecchinUnion representative
1 appearance
Tim HanniganUnion representative
1 appearance
Todd CameronUnion representative
1 appearance

for Communications, Energy and Paperworkers Union, Local 774

E. DukesUnion representative
1 appearance
Ken FurtneyUnion representative
1 appearance
Lou VoigtUnion representative
1 appearance
S.B.D. WahlCounsel
1 appearance

for Communications, Energy and Paperworkers Union of Canada, Local 3264

David WrightCounsel
1 appearance
Rick CecchinUnion representative
1 appearance
Roy McDonaldUnion representative
1 appearance

for Communications, Energy and Paperworkers Union of Canada, Local 774 and Individual Grievors

E. DukesUnion representative
1 appearance
S.B.D. WahlCounsel
1 appearance

for Concord Elevator Inc.

Daniel DeanAgent
1 appearance
Everold ChatrieAgent
1 appearance
Karma AjodhaAgent
1 appearance
Margaret BaileyAgent
1 appearance
Marsha LindsayCounsel
1 appearance

for Dufferin Custom Concrete Group c.o.b. as Peninsula Niagara Ready Mix

Dan NotariAgent
1 appearance
Nick CaccavellaAgent
1 appearance
Simon MortimerCounsel
1 appearance

for Eastway Plymouth Chrysler Ltd.

John W. MontgomeryCounsel
1 appearance
Maurice ThompsonCounsel
1 appearance

for Elpida Antoniadis

Andore LamoucheAgent
1 appearance
Elpida AntoniadisSelf-represented
1 appearance
John McArthurAgent
1 appearance
Keith VanderkleyAgent
1 appearance
Kenneth WattsAgent
1 appearance

for Health Trust Pre Hospital Services Inc.

J. M. PriceAgent
1 appearance

for herself

Amanda BeddowSelf-represented
1 appearance
Anne Marie Keen (Currie)Self-represented
1 appearance
Laurie RobertsSelf-represented
1 appearance
Lori StephensSelf-represented
1 appearance
Voula AntonopoulosSelf-represented
1 appearance

for himself

Terry SkanesSelf-represented
1 appearance
Craig PitmanSelf-represented
1 appearance
Jason Van TuylSelf-represented
1 appearance
Colin HutsellSelf-represented
1 appearance

for himself and ten other non-union employees

Robert PritchardSelf-represented
1 appearance

for Hi-Way Hydraulics

Ira PetersCounsel
1 appearance
Nazar ChahalCounsel
1 appearance

for individual responding parties

Brent JennettSelf-represented
1 appearance
Ted MitchelleSelf-represented
1 appearance
Susan CloutierSelf-represented
1 appearance
Ray CloutierSelf-represented
1 appearance
Carol SlinnSelf-represented
1 appearance
Arnold SlinnSelf-represented
1 appearance

for Intercon

Emanuel JechAgent
1 appearance
Dio De BritoAgent
1 appearance
Ray HarsantAgent
1 appearance
Hugh DyerCounsel
1 appearance

for Janice Brown

Richard OverlandAgent
1 appearance
Janice BrownSelf-represented
1 appearance

for Joan McDougall

Stephen HuffAgent
2 appearances

for Lisa Tiller

Brenna MacNeilCounsel
1 appearance

for Ministry of Labour

L. EisenbergCounsel
1 appearance

for Ontario Nurses' Association

Donna WalrondCounsel
1 appearance
Bev MathersUnion representative
1 appearance

for Professional Personal Ltd.

Alan BrabenderAgent
1 appearance

for Screen Graphic Productions Ltd.

Horst LutzeierAgent
2 appearances

for the applicant

Tim QuinnAgent
2 appearances
Suzanne RitzlerAgent
2 appearances
Gord AdamAgent
2 appearances
Kien Te NghiemAgent
2 appearances
Daina GreenCounsel
2 appearances
Eva WongAgent
2 appearances
Giulio AlonziAgent
1 appearance
Gord AdamCounsel
1 appearance
Emily ElderCounsel
1 appearance
Abdul-Basit KhanCounsel
1 appearance
A. EbbsAgent
1 appearance
Alan BrookesAgent
1 appearance
Alison DavidsonUnion representative
1 appearance
Alison WallaceUnion representative
1 appearance
Allan ChenSelf-represented
1 appearance
Andre PapineauAgent
1 appearance
Andrew LokanCounsel
1 appearance
Andy SavelaCounsel
1 appearance
Angela E. RaeCounsel
1 appearance
Angela WestheuserCounsel
1 appearance

for the Applicant

Phung Kim QuachSelf-represented
2 appearances
Ronald DouglasSelf-represented
2 appearances
Andrew FlockSelf-represented
1 appearance
Erik SavasCounsel
1 appearance
Godfrey A. MaughnSelf-represented
1 appearance
James Patrick BrennanSelf-represented
1 appearance
John V. KranjcCounsel
1 appearance
Krishna R. NankissoorSelf-represented
1 appearance
Matthew G. MolociCounsel
1 appearance
Mitchell DanknerCounsel
1 appearance
Mr. Frank VillellaSelf-represented
1 appearance
Tony FomenkoSelf-represented
1 appearance
Angela RaeCounsel
1 appearance
Vic MordenUnion representative
1 appearance
Brian P. MacDonaldCounsel
1 appearance

for the applicants

Martin RosenbaumCounsel
1 appearance
Alfred SmithSelf-represented
1 appearance
Ernest RovetCounsel
1 appearance
Ramindarjit SinghSelf-represented
1 appearance
Ray BlanchetteSelf-represented
1 appearance
Tom TuckwellSelf-represented
1 appearance

for the Applicants

H. PeacockCounsel
1 appearance

for the CAW

Dan ClarkUnion representative
1 appearance
Frank LuceUnion representative
1 appearance
Helen MaynardUnion representative
1 appearance

for the employer

Dan HaffeyAgent
1 appearance
Jim ThompsonAgent
1 appearance
Joe HaffeyAgent
1 appearance
Michael KennedyAgent
1 appearance

for The Goldman Group, Murray Goldman Real Estate Limited and Goldman Hotels Inc.

Donald B. JarvisCounsel
1 appearance
Ian MaxwellAgent
1 appearance
Jo-Anne AzzarelloAgent
1 appearance
Murray GoldmanAgent
1 appearance
Paul H. MeierCounsel
1 appearance
Phil WeinsteinAgent
1 appearance

for the Individual Applicants

Mark DugasSelf-represented
1 appearance

for the interested party

Bill MadillAgent
1 appearance

for the intervenor

Kristen LopesCounsel
2 appearances
Andrew P. RekoAgent
2 appearances
Shelley StevensonCounsel
2 appearances
Barbara RankinCounsel
1 appearance
Chris DassiosCounsel
1 appearance
Danielle KristensenAgent
1 appearance
Darla HuberAgent
1 appearance
Emanuela HeyninckCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance
James NymanCounsel
1 appearance
Jim GoardAgent
1 appearance
John WrayCounsel
1 appearance
June HagenCounsel
1 appearance
Kevin RobinsonCounsel
1 appearance
Kim MotylAgent
1 appearance
Ajamu BoardiAgent
1 appearance
L. A. RichmondCounsel
1 appearance
Lisa KozmaCounsel
1 appearance
Marisa PollockUnion representative
1 appearance
Mark GeigerCounsel
1 appearance

for the Intervenor

John BarrackCounsel
1 appearance
Wendy WrightAgent
1 appearance

for the Ministry of Labour

Karima ChaturCounsel
6 appearances
L. EisenbergCounsel
4 appearances
L. EisenbergAgent
2 appearances
Murray KleinCounsel
2 appearances
Deanna ExnerCounsel
2 appearances
Karen NortheyCounsel
2 appearances
Karima ChaturAgent
1 appearance
Laurie EisenbergCounsel
1 appearance
Mark AlchukCounsel
1 appearance
Mircho MirchevCounsel
1 appearance
M. KleinCounsel
1 appearance
Pauline Bernard-HarrisAgent
1 appearance
Rick HughesAgent
1 appearance
Stephen MasonCounsel
1 appearance
Mike BennettCounsel
1 appearance
B. FukuzawaCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Darcy WatsonCounsel
1 appearance
Don FrenetteAgent
1 appearance
Heidi Ann Lazar-MeynCounsel
1 appearance

for the Ontario Public Service Employees Union

E. OgibowskiUnion representative
1 appearance

for the Ottawa-Carleton Public Employees Union, Local 503

Brian MaddenCounsel
1 appearance
Joan KeithUnion representative
1 appearance
Samantha LambCounsel
1 appearance
Susan ArabUnion representative
1 appearance

for the Ottawa Public Library Board

Carmen FrancisCounsel
1 appearance
Dan PalayewCounsel
1 appearance
Jane ClarkAgent
1 appearance
Marianne PhillipsAgent
1 appearance
Monique DesormeauxAgent
1 appearance

for the respondent

Daina GreenCounsel
1 appearance
Darren SchmidtCounsel
1 appearance
Jacqueline D’SantosCounsel
1 appearance
Mary CornishCounsel
1 appearance
Steve MorrowAgent
1 appearance
Carolyn KayCounsel
1 appearance
Andrea FriesenAgent
1 appearance

for the Respondent

Helen MagnoSelf-represented
1 appearance

for the respondents

Michael AllenCounsel
2 appearances
Suzanne LeonardCounsel
1 appearance
Jane CorbetCounsel
1 appearance

for the responding parties

Stephen KraskinskyCounsel
2 appearances
Harriet VangalisAgent
1 appearance
I. A. DuncanCounsel
1 appearance
Jerry DiasSelf-represented
1 appearance
Jim PareAgent
1 appearance
Jim PareUnion representative
1 appearance
Joanne LewisAgent
1 appearance
John FerreiraAgent
1 appearance
John SaxtonAgent
1 appearance
Kelly PooreCounsel
1 appearance
Lisa ShepherdCounsel
1 appearance
L. N. GottheilCounsel
1 appearance
Lori StephensSelf-represented
1 appearance
Matthew MolociAgent
1 appearance
Morrigan GreyCounsel
1 appearance
M. Van BodegomAgent
1 appearance
Phil NelsonSelf-represented
1 appearance
Rick MattucciSelf-represented
1 appearance
Stephen HuffCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Responding Parties

Wes LaingUnion representative
1 appearance
Bob SmartUnion representative
1 appearance

for the responding party

Don HolcombeUnion representative
2 appearances
Cathy BrakerUnion representative
2 appearances
Bill SteepUnion representative
2 appearances
Bernie TravisCounsel
1 appearance
Bob BassCounsel
1 appearance
Bob KiddCounsel
1 appearance
Brad DroppoAgent
1 appearance
Bryan AdamczykUnion representative
1 appearance
Carolyn KraftCounsel
1 appearance
Cathy LloydCounsel
1 appearance
Cheryl GivelasCounsel
1 appearance
Cindy KeonCounsel
1 appearance
Daniel DeleonUnion representative
1 appearance
Dan RobichaudCounsel
1 appearance
Dave TremblayUnion representative
1 appearance
David K. LawCounsel
1 appearance
David TremblayUnion representative
1 appearance
Dawn CartwrightUnion representative
1 appearance
Don CionaCounsel
1 appearance
Don HoustonCounsel
1 appearance

for the Responding Party

Lawrence KimAgent
1 appearance
Maureen O’HalloranUnion representative
1 appearance
Patty ClancyUnion representative
1 appearance

For the Responding Party

Kate KarnAgent
1 appearance

for the Service Employees International Union Local 204

Karen WalshUnion representative
1 appearance

for the Teamsters Local Union No. 879

James RobbinsCounsel
1 appearance
Ken DeanUnion representative
1 appearance
Robert ShewbridgeUnion representative
1 appearance

for the union

Gary HopkinsonUnion representative
1 appearance
Phil QuibellUnion representative
1 appearance

for United Steelworkers of America

Brando ParisUnion representative
1 appearance
Cathy BrakerCounsel
1 appearance
Robin SainiUnion representative
1 appearance

for Wah-Lung Labels Canada Inc.

Fred KwanAgent
1 appearance

for Wal-Mart Canada Inc.

Chris BrassardAgent
1 appearance
G. Lorne FirmanCounsel
1 appearance
Mike StrangeAgent
1 appearance
Suzanne SmithAgent
1 appearance

on behalf of St. Leonard’s Society of Brant

Bill SandersonAgent
1 appearance

on behalf of the applicant

Brando ParisCounsel
1 appearance
Cathy BrakerCounsel
1 appearance
Chris KaragitsisCounsel
1 appearance
Lane BrennanCounsel
1 appearance
Lisa S. GoodfellowCounsel
1 appearance
Michael HoranCounsel
1 appearance
Steve DramwitzkeCounsel
1 appearance
Victor GrosternAgent
1 appearance

on behalf of the intervenor

Sharon ChilcottAgent
1 appearance
Todd MartinAgent
1 appearance

on behalf of the Ministry of Labour

Alicia Gordon-FaganCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Darcy WatsonCounsel
1 appearance
Darcy WatsonAgent
1 appearance
Don FrenetteCounsel
1 appearance
L. EisenbergCounsel
1 appearance

on behalf of the responding party

Colin CoulterCounsel
1 appearance
Daniel TesfayeAgent
1 appearance
Dan ShoomCounsel
1 appearance
Domenic TerranteAgent
1 appearance
Gareth MooreAgent
1 appearance
Horace LegendreUnion representative
1 appearance
Jacques RoyCounsel
1 appearance
Margaret BaileyCounsel
1 appearance
Maria KotsosAgent
1 appearance
Marsha LindsayCounsel
1 appearance
Marsha LindsayAgent
1 appearance
Mohan SeewahCounsel
1 appearance
Oise (Joe) BonsuUnion representative
1 appearance
Paul VillalonSelf-represented
1 appearance
Robert ChampagneUnion representative
1 appearance
Robert lzsakAgent
1 appearance
Robert MurphyCounsel
1 appearance
Sarah ValairCounsel
1 appearance
Stephen BogardoAgent
1 appearance
Tony DePauloUnion representative
1 appearance

on behalf of Workplace Safety and Insurance Board

Elizabeth KosmidisAgent
1 appearance

on her own behalf

Carrie GreenSelf-represented
1 appearance
Deepa ChakrabortySelf-represented
1 appearance
Pauline LachapelleSelf-represented
1 appearance
Penina ClarkeSelf-represented
1 appearance

on his own behalf

Alex LamontagneSelf-represented
1 appearance
John BoydSelf-represented
1 appearance
John GallagherSelf-represented
1 appearance
Lewis R. ReedSelf-represented
1 appearance
Stephen LaPlanteSelf-represented
1 appearance

883

Decisions

Years active

Tribunals

3.7

cases/mo

OLRB756(86%)

OPEHT127(14%)

Decision types

motion

721

trial

111

appeal

/Adjudicator

Patrick Kelly — Vice-Chair

Employment and Labour Law

Patrick Kelly

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1999

OPEHT OLRB

883

cases · 21 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 326Vice-Chair· 259Vice-Chair· 235Alternate Chair· 26Alternate Chair· 12Vice-Chair· Chair· 8Vice Chair· 4Chair· 3

Patrick Kelly

J. A. Ronson

OLRBUnanimous0 cases1987–2001

H. Peacock

OLRBOntario Labour Relations BoardSep 10, 2001

Applications withdrawn at the request of the applicant.

The applicant, Ontario Nurses' Association, requested to withdraw its applications against Lady Minto Hospital.

The Ontario Labour Relations Board granted the request and the applications were withdrawn.

Ontario Nurses’ Association v. Lady Minto Hospital, 2001 CanLII 2556

Patrick Kelly

Request for reconsideration dismissed due to late filing and lack of compelling reasons.

The applicant requested a reconsideration of a July 13, 2001 decision that dismissed his application for review under the Employment Standards Act regarding an alleged constructive dismissal.

The Board also noted that even if timely, the request would have been denied as it merely disagreed with the original conclusion without providing compelling reasons.

Slavtcho Petrov Detchev v. Canadian Feed Screws Mfg. Ltd. and Ministry of Labour, 2001 CanLII 17307

Patrick Kelly

Application terminated due to applicant's failure to respond to Board direction.

The applicant failed to respond to the Board's previous decision directing it to indicate how it wished to proceed with the matter.

As a result, the Board terminated the application.

United Steelworkers of America v. Saan Stores Ltd. and Gendis Inc., 2001 CanLII 18931

Patrick Kelly

Board directs applicant to provide submissions on whether duty of fair representation application is premature.

The applicant filed an application alleging a violation of section 74 of the Labour Relations Act, 1995.

The responding union argued that the application was premature because the underlying grievances were still moving through the collective agreement's grievance procedure.

Samia Ibrahim v. U.F.C.W., 2001 CanLII 12018

Maurice Thompson

Karima Chatur

In Private Practice37 cases1982–2025

John W. Montgomery

Patrick Kelly

Employment standards review applications resolved by consent order following Minutes of Settlement.

The employer and employee filed cross-applications for review of an Employment Standards Officer's Order to Pay.

The workplace parties entered into Minutes of Settlement.

The employee's application was withdrawn.

Eastway Plymouth Chrysler Ltd. v. MacGregor, 2001 CanLII 5935

Patrick Kelly

OLRBOntario Labour Relations BoardAug 29, 2001

Board clarifies remedial order grants applicant input into union's counsel selection, not separate independent counsel.

Flock v. Office & Professional Employees International Union Local 343, 2001 CanLII 17330

Marsha Lindsay

Practising Law - Employed7 cases2000–2004

Cathy Braker

12 cases2000–2013

Patrick Kelly

Union certification application dismissed following a tie in the representation vote.

The applicant union filed an application for certification and two unfair labour practice complaints against the responding employer.

The parties entered into a memorandum of settlement, resulting in the termination of the unfair labour practice complaints.

For the certification application, the parties agreed to count all but two segregated ballots.

The representation vote resulted in a 122-122 tie.

Because not more than fifty percent of the ballots were cast in favour of the union, the application for certification was dismissed.

United Steelworkers of America v. Concord Elevator Inc., 2001 CanLII 18952

R. R. Montague

Patrick Kelly

J. A. Rundle

Board declares sale of business and establishes new bargaining unit for municipal employees.

The applicant municipality applied under section 69 of the Labour Relations Act, 1995, alleging a sale of a business from the Quinte West Public Utilities Commission.

The parties reached an agreement on the remaining issues in dispute.

The Board declared a sale of a business, found an intermingling of employees, and established a single appropriate bargaining unit with CUPE Local 799 as the bargaining agent.

The Board also declared that the applicant was no longer bound by the predecessor collective agreements.

The Corportion of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 16916

Patrick Kelly

OLRBOntario Labour Relations BoardAug 21, 2001

Motions to dismiss duty of fair representation complaint denied; applicant established a prima facie case.

The applicant, a temporary employee, filed a duty of fair representation complaint against her union after her employer issued an unfavourable performance review and refused to rehire her.

The union and the employer (intervenor) brought motions to dismiss the application for failing to disclose a prima facie case.

Cimpric v. Brewery General and Professional Worker’s Union Local 304, 2001 CanLII 6446

Patrick Kelly

OLRBOntario Labour Relations BoardAug 17, 2001

Request for reconsideration of duty of fair representation dismissal denied for failing to meet established standards.

The applicant requested reconsideration of a Board decision that dismissed his duty of fair representation application against his union.

Lewis R. Reed v. United Steelworkers of America, 2001 CanLII 16656

Patrick Kelly

OLRBOntario Labour Relations BoardAug 15, 2001

Employee appeal dismissed as the parties had entered into a valid settlement agreement disposing of all claims.

The applicant appealed an Employment Standards Officer's refusal to issue an Order to Pay regarding her termination, which she alleged was due to pregnancy.

The Ministry of Labour and the employer argued the appeal should be dismissed because the parties had previously signed a settlement agreement.

The applicant claimed she was misled into signing the agreement due to language barriers and misrepresentations by the Officer.

The application for review was dismissed.

Yee Fun Chan v. Screen Graphic Productions Ltd, 2001 CanLII 4049

Nazar Chahal

Karima Chatur

Ira Peters

Patrick Kelly

OLRBOntario Labour Relations BoardAug 10, 2001

Employer application for review of an Order to Pay resolved by minutes of settlement.

The employer applied for a review of an Order to Pay under the Employment Standards Act.

Prior to the hearing, the parties entered into minutes of settlement.

Hi-Way Hydraulics Ltd. v. Rabindra Persaud and Ministry of Labour, 2001 CanLII 2656

Patrick Kelly

OLRBOntario Labour Relations BoardAug 7, 2001

Union's motion to dismiss duty of fair representation complaint without a hearing denied.

The responding party trade union (OPSEU) brought a motion to dismiss the applicant's duty of fair representation application without a hearing, arguing it did not disclose a prima facie case.

The applicant alleged he lost his employment, OPSEU purported to file a grievance but he never saw it, and OPSEU took no action and refused to pursue arbitration.

The Board found that although the allegations were sparse, if proven true, they might make out a violation of section 74 of the Labour Relations Act, 1995.

The motion to dismiss was denied.

Tony Olivieri v. Ontario Public Service Employees Union, 2001 CanLII 13165

Patrick Kelly

OLRBOntario Labour Relations BoardAug 3, 2001

Adjournment request denied as union convention attendance did not constitute a compelling reason.

The responding party requested an adjournment of a scheduled consultation to allow its representative to attend a union constitutional convention.

The intervenor consented, but the applicant opposed the request.

Tony Fomenko v. CAW Canada and Canadian Auto Workers, 2001 CanLII 7475

R. R. Montague

OLRBUnanimous (Wrote the reasons)0 cases1999–2019

Patrick Kelly

J. A. Rundle

OLRBOntario Labour Relations BoardJul 30, 2001

Representation vote denied due to wide disparity in bargaining unit representation between two unions.

The applicant municipality applied to the Ontario Labour Relations Board following a sale of a business from the predecessor Public Utilities Commission.

The Board considered whether to direct a representation vote between two responding trade unions.

The Board also noted the parties' agreement that the applicant is bound to the predecessor's collective agreement.

The Corporation of the City of Quinte West v. International Brotherhood of Electrical Workers, Local 636, 2001 CanLII 16105

Robert McKay

17 cases1984–2001

Jennifer Roberts-Logan

3 cases2001–2003

Jeff Andrew

14 cases1993–2013

Don Houston

Patrick Kelly

OLRBOntario Labour Relations BoardJul 16, 2001

Sale of business and related employer applications dismissed; loss of bargaining rights resulted from economic failure.

The Board found no sale of business under section 69 of the Labour Relations Act, as there was no evidence Saan used Greenberg's acquired trademarks to operate its new store.

While the Board found the entities met the criteria for related businesses under section 1(4), it declined to exercise its discretion to make a declaration.

The Board concluded the union's bargaining rights were lost due to Greenberg's legitimate economic failure, not artificial corporate manipulation.

United Steelworkers of America v. Saan Stores Ltd. and Gendis Inc., 2001 CanLII 9299

R. R. Montague

Patrick Kelly

J. A. Ronson

Representation vote directed in union certification application.

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

The Ontario Labour Relations Board found that the applicant appeared to have the requisite membership support of at least forty percent of the proposed bargaining unit.

The Board directed that a representation vote be held, with segregated ballots for individuals in disputed positions.

The Communications, Energy and Paperworkers Union of Canada v. The Association of Management, Administrative and Professional Crown Employees of Ontario (AMAPCEO), 2001 CanLII 14594

L. Eisenberg

29 cases2000–2001

Patrick Kelly

Order to pay rescinded as evidence showed employee quit and had received vacation pay.

The employer appealed an Employment Standards Officer's Order to Pay termination and vacation pay to a former employee.

The claimant failed to appear at the hearing.

The Board heard uncontradicted evidence that the claimant had quit her employment following a confrontation over a suspension for missing a shift, and that she had already been paid her vacation pay.

The Board allowed the appeal and rescinded the Order to Pay.

1285290 Ontario Limited operating as Country Platter Restaurant v. Misty Dawn DeJong and Ministry of Labour, 2001 CanLII 3326

Patrick Kelly

J. A. Ronson

OLRBUnanimous0 cases1987–2001

H. Peacock

OLRBOntario Labour Relations BoardJul 9, 2001

Application alleging unlawful reprisal withdrawn following a consent order incorporating the parties' settlement agreement.

The applicants filed an application under section 50 of the Occupational Health and Safety Act alleging an unlawful reprisal by the responding party.

Following a meeting with a Labour Relations Officer, the parties entered into a Memorandum of Agreement to resolve the issues.

The responding party agreed not to place letters of counsel on the applicants' fact files and not to impose discipline arising from the events in question.

The Board issued a consent order incorporating the agreement and granted leave to withdraw the application.

Ontario Public Service Employees’ Union v. Ministry of Correctional Services, 2001 CanLII 2885

Patrick Kelly