Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 24, 2017

Tribunal orders applicants to show cause why pay equity pleadings should not be dismissed.

The applicants brought an application under the Pay Equity Act challenging a Review Officer's decision that the employer had not contravened the Act.

The employer argued that several of the applicants' allegations failed to disclose a prima facie violation of the Act and should be dismissed without a hearing.

The Tribunal reviewed the pleadings and found that several allegations, even if true, would not constitute a violation of the Act or result in a meaningful remedy.

The Tribunal ordered the applicants to provide written submissions explaining why those specific pleadings should not be dismissed.

Diana Reynolds et al. v Southlake Residential Care Village, 2017 CanLII 49068

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalJun 1, 2017

Pay equity applications terminated following written settlements between the parties.

The applicant brought two applications under the Pay Equity Act regarding unionized and non-union employees.

On the scheduled hearing dates, the parties entered into written settlements of their disputes pursuant to section 25.1 of the Act.

Consequently, the Tribunal terminated the proceedings.

Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2017 CanLII 34812

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalMay 29, 2017

Tribunal adopts parties' consent proposal for hearing schedule following late document production.

The parties in two related Pay Equity Act applications agreed on a proposal for the conduct of upcoming hearing dates following the late delivery of a large volume of documents by the applicant.

The Tribunal accepted the consent proposal, which provided for opening statements and the examination-in-chief of the applicant's first witness, followed by an adjournment to schedule further dates and address case management issues.

Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2017 CanLII 33652

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalApr 19, 2017

Hearing adjourned to allow newly responsible Local Health Integration Networks to participate and explore settlement.

The Ontario Nurses' Association (ONA) and the respondent Community Care Access Centres (CCACs) requested an adjournment of the scheduled hearing dates on the merits of their Pay Equity Act applications.

The adjournment was sought because the CCACs were soon to be replaced by Local Health Integration Networks (LHINs) under the Patients First Act.

The Tribunal granted the adjournment, cancelling the April 2017 hearing dates and directing the Registrar to schedule new dates in September 2017 to allow the LHINs to participate and explore settlement.

Ontario Nurses' Association v Central Community Care Access Centre, 2017 CanLII 23203

Suzanne Leonard

Licence Surrendered - Retired8 cases2000–2020

Michael Allen

Jane Corbet

In Private Practice1 case2017–2017

Donna Walrond

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalApr 11, 2017

Motion to declare pay equity applications moot due to legislative restructuring of CCACs dismissed.

The Ontario Nurses' Association (ONA) brought applications under the Pay Equity Act disputing a Review Officer's finding that the respondent Community Care Access Centres (CCACs) were not required to negotiate pay equity maintenance with ONA.

ONA brought a motion arguing that the applications were rendered moot by the Patients First Act, 2016, which transfers CCAC operations and employees to Local Health Integration Networks (LHINs) and deems the transfer a sale of business.

The Tribunal dismissed the mootness motion, finding that the transfer merely substitutes the LHINs for the CCACs as the employer and does not resolve the underlying dispute regarding ONA's right to negotiate.

The Tribunal also dismissed ONA's alternative motion for production of documents related to the employers' unilateral pay equity maintenance exercise, as ONA failed to demonstrate their arguable relevance to the issue of the right to negotiate.

Ontario Nurses' Association v. Central Community Care Access Centre, 2017 CanLII 22918

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 21, 2016

Tribunal directed employer to provide filings to union before deciding on joint pre-hearing conference.

The applicant employer brought applications regarding the maintenance of pay equity in connection with union and non-union pay equity plans.

The Tribunal directed submissions on whether to conduct a joint Pre-hearing Conference.

The employer and respondent employees favoured a joint proceeding, while the union requested to review the file before taking a position.

The Tribunal ordered the employer to provide the filings to the union and directed the union to advise of any objections.

Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2016 CanLII 47438

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 13, 2016

Tribunal orders two pay equity applications listed together and seeks submissions on joint pre-hearing conference.

The applicant and responding party employees requested the consolidation of two applications under the Pay Equity Act concerning the maintenance of pay equity in union and non-union plans.

The Tribunal ordered the applications to be listed together and directed the parties to provide written submissions on the effectiveness of a joint Pre-Hearing Conference.

Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2016 CanLII 45326

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalFeb 3, 2016

Pay Equity Hearings Tribunal files closed following correspondence from union counsel.

The Pay Equity Hearings Tribunal closed its files in two related matters involving the Ottawa Public Library Board and the Ottawa-Carleton Public Employees Union, Local 503, following correspondence from the union's counsel.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2016 CanLII 5513

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalJan 5, 2016

Tribunal sets schedule for document production and written submissions on union's reconsideration request.

The union requested reconsideration of a previous Tribunal decision.

The Tribunal had proposed a process for dealing with the request, to which the union agreed and the employer did not object.

The Tribunal ordered the employer to produce records of pay equity payments made in 2006 and set a schedule for written submissions.

Ottawa Public Library Board v The Ottawa-Carleton Public Employees Union, Local 503, 2016 CanLII 392

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalDec 18, 2015

Tribunal proposed document production and written submissions to resolve union's request for clarification of pay equity decision.

The union requested reconsideration and clarification of a prior Pay Equity Hearings Tribunal decision, alleging the employer failed to pay equity adjustments to certain job classes on the basis that they were not female job classes.

The union sought enforcement and requested the production of payroll records to confirm past pay equity payments.

The Tribunal found the requested payroll information arguably relevant and proposed that the matter proceed by way of document production followed by written submissions.

The Tribunal directed the parties to consult on a timeline for this process or file written objections if they opposed proceeding in this manner.

Ottawa Public Library Board v. Ottawa-Carleton Public Employees Union, Local 503, 2015 CanLII 87214

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalDec 10, 2015

Tribunal deferred applicant's request to impose a 60-day implementation period for a prior decision.

The applicant requested the imposition of a 60-day period for the implementation of the Tribunal's August 31, 2015 decision granting its pay equity application.

Following correspondence from the respondent's counsel, the Tribunal directed that the applicant may renew its request in writing after January 15, 2016, with the respondent having five business days to respond.

Canadian Union of Public Employees v. The Corporation of the City of Peterborough, 2015 CanLII 84867

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalDec 3, 2015

Tribunal directed respondent to file submissions on applicant's request for an order enforcing a previous decision.

The applicant advised the Tribunal that the respondent did not intend to implement a previous final decision issued on August 31, 2015.

The applicant requested an order requiring implementation within 60 days or an expedited hearing.

The Tribunal directed the respondent to file written submissions regarding the applicant's requests by December 8, 2015.

Canadian Union of Public Employees v The Corporation of the City of Peterborough, 2015 CanLII 81660

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalNov 9, 2015

Tribunal grants extension of time for respondent union to file its response.

The applicant requested an extension of time for the respondent union to file and deliver its response.

The Tribunal, sitting as a panel of one pursuant to section 4.2(1) of the Statutory Powers Procedure Act, granted the request and extended the deadline to November 23, 2015.

The Corporation of the City of Cambridge v. April Souwand, 2015 CanLII 73556

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalNov 3, 2015

Media reporter's request for access to tribunal records granted conditionally, pending any party objections.

A media reporter requested access to the application, responses, affidavits, factums, and notices in a Pay Equity Hearings Tribunal matter.

The Tribunal noted that no responses, affidavits, or factums were filed, and no hearing or mediation was scheduled.

However, written submissions were filed by the respondents.

The Tribunal directed that if any party objected to the reporter accessing the application and written submissions, they must file their objections by November 10, 2015.

In the absence of objections, the request would be granted.

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 72270

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalNov 3, 2015

Tribunal sets deadline for parties to object to a media reporter's request for document access.

A media reporter requested access to the application, responses, affidavits, factums, and notices in this matter.

The Pay Equity Hearings Tribunal directed that any party objecting to the request must file written submissions by November 10, 2015, failing which the request would be granted.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 72253

Patrick Kelly

Carol Phillips

OPEHTUnanimous0 cases2012–2019

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalOct 19, 2015

Review Officer's order rescinded due to 14-year administrative delay amounting to an abuse of process.

The applicant employer sought to revoke a Review Officer's order which found its non-union proxy pay equity plan non-compliant with the Pay Equity Act.

The employer argued that a 14-year delay between the posting of the plan and the issuance of the order, stemming from an anonymous complaint, caused substantial and irreparable prejudice amounting to an abuse of process.

The Pay Equity Hearings Tribunal agreed, finding the unexplained delay prejudiced the employer's ability to mitigate liability and brought the pay equity system into disrepute.

The Tribunal rescinded the Review Officer's order.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 67576

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalSep 8, 2015

Applicant directed to confirm whether all eligible former employees received notice of pay equity application.

The applicant, Community Living North Perth, filed an application under the Pay Equity Act regarding an order applying to a pay equity plan for non-union employees.

In a previous decision, the Tribunal ordered the applicant to serve notice of the application to former non-union employees eligible for pay equity adjustments.

The applicant advised it had hand-delivered the documentation to four named individuals.

The Tribunal directed the applicant to confirm in writing whether these four individuals constituted all eligible former employees, and if not, to serve any remaining individuals and provide their names to the Tribunal.

Community Living North Perth v. Town, 2015 CanLII 57027

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalSep 2, 2015

Tribunal directed a teleconference to determine if a reconsideration hearing could proceed by teleconference.

The Tribunal issued a procedural direction regarding a request for reconsideration filed by the union.

After the union requested the reconsideration hearing be held in Ottawa rather than Toronto, the Alternate Chair directed the Registrar to schedule a teleconference to consult with counsel on whether the merits of the reconsideration could be heard via teleconference to save time and costs.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2015 CanLII 55624

Lauri Reesor

26 cases2010–2026

Cathy Lloyd

Bob Kidd

OPEHTMajority (Wrote the majority reasons)0 cases1999–2019

Patrick Kelly

Irene Harris

OPEHTMajority0 cases2015–2021

Ann Burke

OPEHTDissenting0 cases2012–2019

OPEHTOntario Pay Equity Hearings TribunalAug 31, 2015

City breached pay equity maintenance duty by failing to adjust wage line after market-adjusting male comparator.

The applicant union alleged that the respondent City failed to maintain pay equity when it applied a market adjustment wage increase to a male job class (Residential Mechanical Inspector) without adjusting the proportional value wage line.

The City argued the job class was no longer a 'representative male job class' due to the market adjustment necessitated by recruitment difficulties.

The Pay Equity Hearings Tribunal (majority) held that the City violated its duty to maintain pay equity under s. 7(1) of the Pay Equity Act, as the Act does not permit a representative male job class to become unrepresentative post-achievement without a statutory exemption.

The Tribunal ordered the City to review the wage line and pay retroactive adjustments.

A dissenting member would have dismissed the application, finding the market-adjusted rate anomalous and not reflective of gender discrimination.

Canadian Union of Public Employees v. The Corporation of the City of Peterborough, 2015 CanLII 55324

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

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalSep 7, 2017

Tribunal dismisses pay equity allegations for failing to disclose a prima facie violation of the Act.

The applicants filed an application under the Pay Equity Act alleging various violations by the employer regarding its proxy pay equity plan.

The employer raised preliminary objections, arguing the allegations did not disclose a prima facie violation of the Act.

The Tribunal declined to inquire into these allegations and directed the remaining issues to a pre-hearing conference.

Diana Reynolds et al. v Southlake Residential Care Village, 2017 CanLII 59582

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 24, 2017

Tribunal orders applicants to show cause why pay equity pleadings should not be dismissed.

The applicants brought an application under the Pay Equity Act challenging a Review Officer's decision that the employer had not contravened the Act.

The employer argued that several of the applicants' allegations failed to disclose a prima facie violation of the Act and should be dismissed without a hearing.

The Tribunal reviewed the pleadings and found that several allegations, even if true, would not constitute a violation of the Act or result in a meaningful remedy.

The Tribunal ordered the applicants to provide written submissions explaining why those specific pleadings should not be dismissed.

Diana Reynolds et al. v Southlake Residential Care Village, 2017 CanLII 49068

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalJun 1, 2017

Pay equity applications terminated following written settlements between the parties.

The applicant brought two applications under the Pay Equity Act regarding unionized and non-union employees.

On the scheduled hearing dates, the parties entered into written settlements of their disputes pursuant to section 25.1 of the Act.

Consequently, the Tribunal terminated the proceedings.

Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2017 CanLII 34812

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalMay 29, 2017

Tribunal adopts parties' consent proposal for hearing schedule following late document production.

The parties in two related Pay Equity Act applications agreed on a proposal for the conduct of upcoming hearing dates following the late delivery of a large volume of documents by the applicant.

Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2017 CanLII 33652

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalApr 19, 2017

Hearing adjourned to allow newly responsible Local Health Integration Networks to participate and explore settlement.

The adjournment was sought because the CCACs were soon to be replaced by Local Health Integration Networks (LHINs) under the Patients First Act.

Ontario Nurses' Association v Central Community Care Access Centre, 2017 CanLII 23203

Suzanne Leonard

Licence Surrendered - Retired8 cases2000–2020

Michael Allen

Jane Corbet

In Private Practice1 case2017–2017

Donna Walrond

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalApr 11, 2017

Motion to declare pay equity applications moot due to legislative restructuring of CCACs dismissed.

Ontario Nurses' Association v. Central Community Care Access Centre, 2017 CanLII 22918

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 21, 2016

Tribunal directed employer to provide filings to union before deciding on joint pre-hearing conference.

The applicant employer brought applications regarding the maintenance of pay equity in connection with union and non-union pay equity plans.

The Tribunal directed submissions on whether to conduct a joint Pre-hearing Conference.

The employer and respondent employees favoured a joint proceeding, while the union requested to review the file before taking a position.

The Tribunal ordered the employer to provide the filings to the union and directed the union to advise of any objections.

Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2016 CanLII 47438

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 13, 2016

Tribunal orders two pay equity applications listed together and seeks submissions on joint pre-hearing conference.

The applicant and responding party employees requested the consolidation of two applications under the Pay Equity Act concerning the maintenance of pay equity in union and non-union plans.

The Tribunal ordered the applications to be listed together and directed the parties to provide written submissions on the effectiveness of a joint Pre-Hearing Conference.

Community Living Toronto v. Canadian Union of Public Employees, Local 2191, 2016 CanLII 45326

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalFeb 3, 2016

Pay Equity Hearings Tribunal files closed following correspondence from union counsel.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2016 CanLII 5513

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalJan 5, 2016

Tribunal sets schedule for document production and written submissions on union's reconsideration request.

The union requested reconsideration of a previous Tribunal decision.

The Tribunal had proposed a process for dealing with the request, to which the union agreed and the employer did not object.

The Tribunal ordered the employer to produce records of pay equity payments made in 2006 and set a schedule for written submissions.

Ottawa Public Library Board v The Ottawa-Carleton Public Employees Union, Local 503, 2016 CanLII 392

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalDec 18, 2015

Tribunal proposed document production and written submissions to resolve union's request for clarification of pay equity decision.

The union sought enforcement and requested the production of payroll records to confirm past pay equity payments.

The Tribunal found the requested payroll information arguably relevant and proposed that the matter proceed by way of document production followed by written submissions.

The Tribunal directed the parties to consult on a timeline for this process or file written objections if they opposed proceeding in this manner.

Ottawa Public Library Board v. Ottawa-Carleton Public Employees Union, Local 503, 2015 CanLII 87214

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalDec 10, 2015

Tribunal deferred applicant's request to impose a 60-day implementation period for a prior decision.

The applicant requested the imposition of a 60-day period for the implementation of the Tribunal's August 31, 2015 decision granting its pay equity application.

Canadian Union of Public Employees v. The Corporation of the City of Peterborough, 2015 CanLII 84867

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalDec 3, 2015

Tribunal directed respondent to file submissions on applicant's request for an order enforcing a previous decision.

The applicant advised the Tribunal that the respondent did not intend to implement a previous final decision issued on August 31, 2015.

The applicant requested an order requiring implementation within 60 days or an expedited hearing.

The Tribunal directed the respondent to file written submissions regarding the applicant's requests by December 8, 2015.

Canadian Union of Public Employees v The Corporation of the City of Peterborough, 2015 CanLII 81660

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalNov 9, 2015

Tribunal grants extension of time for respondent union to file its response.

The applicant requested an extension of time for the respondent union to file and deliver its response.

The Tribunal, sitting as a panel of one pursuant to section 4.2(1) of the Statutory Powers Procedure Act, granted the request and extended the deadline to November 23, 2015.

The Corporation of the City of Cambridge v. April Souwand, 2015 CanLII 73556

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalNov 3, 2015

Media reporter's request for access to tribunal records granted conditionally, pending any party objections.

A media reporter requested access to the application, responses, affidavits, factums, and notices in a Pay Equity Hearings Tribunal matter.

The Tribunal noted that no responses, affidavits, or factums were filed, and no hearing or mediation was scheduled.

However, written submissions were filed by the respondents.

The Tribunal directed that if any party objected to the reporter accessing the application and written submissions, they must file their objections by November 10, 2015.

In the absence of objections, the request would be granted.

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 72270

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalNov 3, 2015

Tribunal sets deadline for parties to object to a media reporter's request for document access.

A media reporter requested access to the application, responses, affidavits, factums, and notices in this matter.

The Pay Equity Hearings Tribunal directed that any party objecting to the request must file written submissions by November 10, 2015, failing which the request would be granted.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 72253

Patrick Kelly

Carol Phillips

OPEHTUnanimous0 cases2012–2019

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalOct 19, 2015

Review Officer's order rescinded due to 14-year administrative delay amounting to an abuse of process.

The applicant employer sought to revoke a Review Officer's order which found its non-union proxy pay equity plan non-compliant with the Pay Equity Act.

The Pay Equity Hearings Tribunal agreed, finding the unexplained delay prejudiced the employer's ability to mitigate liability and brought the pay equity system into disrepute.

The Tribunal rescinded the Review Officer's order.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 67576

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalSep 8, 2015

Applicant directed to confirm whether all eligible former employees received notice of pay equity application.

The applicant, Community Living North Perth, filed an application under the Pay Equity Act regarding an order applying to a pay equity plan for non-union employees.

In a previous decision, the Tribunal ordered the applicant to serve notice of the application to former non-union employees eligible for pay equity adjustments.

The applicant advised it had hand-delivered the documentation to four named individuals.

Community Living North Perth v. Town, 2015 CanLII 57027

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalSep 2, 2015

Tribunal directed a teleconference to determine if a reconsideration hearing could proceed by teleconference.

The Tribunal issued a procedural direction regarding a request for reconsideration filed by the union.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2015 CanLII 55624

Lauri Reesor

26 cases2010–2026

Cathy Lloyd

Bob Kidd