Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalAug 14, 2015

Reconsideration granted to amend publication requirements for notifying former employees of pay equity retroactivity.

The Pay Equity Office referred a matter to the Tribunal for enforcement of a Review Officer's Order.

The Tribunal previously made orders against the employer.

The employer requested reconsideration to alter one of the orders regarding newspaper advertisements for former employees.

The union did not oppose, and the Pay Equity Office did not respond.

The Tribunal granted the reconsideration and amended the order to specify the newspapers and extend the timeline for placing the advertisements.

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 52563

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalAug 12, 2015

Tribunal ordered applicant to serve the Ministry of Community and Social Services with pay equity applications.

The applicant filed applications under the Pay Equity Act challenging Review Officer Orders regarding pay equity adjustments for unionized and non-union employees.

The applicant contended that the Crown in Right of Ontario (Ministry of Community and Social Services) was the true employer, but failed to serve the Ministry.

The Pay Equity Hearings Tribunal ordered the applicant to serve the Ministry with the applications and related documents.

The Tribunal also ordered the applicant to mail the application and notice to any former non-union employees eligible for the pay equity adjustments.

Community Living North Perth v. Ontario Public Service Employees Union, Local 226, 2015 CanLII 51615

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalAug 12, 2015

Time extended for filing replies to the union's response.

The applicant requested an extension of time to file and deliver its reply to the response filed by the union.

The Pay Equity Hearings Tribunal granted the request, extending the deadline for both the applicant and the responding party to file their replies to August 28, 2015.

Corporation of the City of Windsor v. Shirley D. Moor, 2015 CanLII 51315

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalAug 7, 2015

Tribunal ordered employer to comply with pay equity obligations after it failed to respond to enforcement application.

The Pay Equity Office brought a reference under subsection 24(5.2) of the Pay Equity Act seeking enforcement of a Review Officer's Order against the employer.

The Tribunal had previously terminated the employer's application under subsection 24(6) and directed the employer to provide written submissions as to why the enforcement remedies should not be granted.

The employer failed to provide any submissions.

The Tribunal granted the Pay Equity Office's application, confirming that the employer failed to implement pay equity, and ordered the employer to comply with a series of remedial steps, including posting the decision, evaluating job classes, calculating differences, and paying outstanding pay equity adjustments.

Pay Equity Office v. Excel Employment International Limited, 2015 CanLII 49862

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 15, 2015

Union's correspondence regarding employer's alleged failure to comply with pay equity order treated as reconsideration application.

The union requested clarification and reconsideration of a previous Pay Equity Hearings Tribunal order requiring the employer to pay wage increases to female job classes, alleging the employer failed to pay certain classes it unilaterally reclassified as male or gender-neutral.

The union also sought a finding that the employer violated the order and requested a penalty.

The Tribunal treated the correspondence as an application for reconsideration and directed the employer to file a response within ten days, noting the matter would likely be decided without an oral hearing.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2015 CanLII 43593

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 15, 2015

Extension of time granted for applicant to file written submissions.

The applicant requested an extension of time to provide written submissions in response to submissions delivered by Stephen Huff.

The Pay Equity Hearings Tribunal, sitting as a panel of one under the Statutory Powers Procedure Act, granted the applicant an extension until July 20, 2015.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 43590

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalJul 8, 2015

Employer's application challenging pay equity order terminated for failure to comply with workplace posting directions.

The Pay Equity Office (PEO) sought enforcement of an order against the employer, while the employer brought a separate application challenging the order on the basis that it employed fewer than ten employees and was exempt from the Pay Equity Act.

In a previous decision, the Tribunal directed the employer to post a notice of its application in the workplace and confirm compliance.

The employer failed to confirm posting.

Consequently, the Tribunal terminated the employer's application.

As the employer never claimed to have complied with the PEO's order, the Tribunal gave the employer a final deadline to provide written submissions as to why the PEO's requested enforcement remedies should not be granted.

Pay Equity Office v. Excel Employment International Limited, 2015 CanLII 40342

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 6, 2015

Tribunal directs applicant to advise if it objects to respondent's delivery of written submissions.

The Pay Equity Hearings Tribunal issued a procedural direction regarding a potential dispute over the delivery of written submissions by the respondent's representative.

The Tribunal directed the applicant to advise by July 13, 2015, if it took issue with the delivery of the submissions or the respondent's right to rely on them at the hearing.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 39743

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJun 5, 2015

Employer challenging Pay Equity Office order directed to post notice of application in the workplace.

The Pay Equity Office sought enforcement of an order against the employer, while the employer brought a companion application challenging the order on the basis that it employed fewer than ten employees and was not subject to the Pay Equity Act.

The Tribunal held the enforcement application in abeyance pending the determination of the employer's application.

As the original order resulted from an audit rather than an individual complaint, the Tribunal directed the employer to post copies of the order, the application, and the Tribunal's decision in the workplace to provide notice to its employees before the matter could proceed.

Pay Equity Office v. Excel Employment International Limited, 2015 CanLII 32382

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 24, 2015

Time extended on consent for filing responses to employer's reconsideration request.

The employer sought reconsideration of a previous Tribunal decision.

On agreement of the employer and the union, the Tribunal extended the time for the union and the Pay Equity Office to file their responses to the reconsideration request until May 7, 2015.

Pay Equity Office v Community Living Guelph Wellington, 2015 CanLII 22390

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 20, 2015

Extension of time granted to file proposed pay equity plan and adjust submission schedule.

The applicant requested an extension of time to comply with a previous Tribunal direction to file and deliver a proposed pay equity plan.

The Tribunal granted the extension and adjusted the deadlines for the responding party employees' response submissions and the applicant's reply submissions.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 21361

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 8, 2015

Tribunal issued procedural directions for production of a proposed pay equity plan and written submissions.

The applicant employer sought to present a motion for orders facilitating the preparation and posting of a pay equity plan, or alternatively revoking a Review Officer's order.

Due to the sudden unavailability of the applicant's counsel, the oral hearing was adjourned.

The Tribunal issued procedural directions requiring the applicant to provide a copy of the proposed pay equity plan to the respondent employees and the Tribunal, and set a schedule for the respondents to file written submissions regarding the applicant's motion record and the proposed plan, followed by a scheduled hearing date.

Maitland Manor Health Care Centre v. Mattuci et al., 2015 CanLII 19197

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalApr 1, 2015

Tribunal orders employer to pay retroactive pay equity adjustments and publish notices following non-compliance.

The Pay Equity Office referred a Review Officer's Order to the Tribunal for enforcement against the employer.

The employer conceded non-compliance.

The Tribunal ordered the employer to pay retroactive pay equity adjustments with interest, adjust job rates, publish notices in local newspapers for former employees, and post the decision in the workplace.

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 108478

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalMar 17, 2015

Tribunal invites submissions on remedies after employer concedes non-compliance with Pay Equity Review Officer's Order.

The Pay Equity Office referred a Review Officer's Order to the Tribunal for enforcement, and the employer brought an application objecting to the same Order.

The Tribunal previously dismissed the employer's application.

As the employer conceded non-compliance and the Tribunal cannot consider the merits of the Order on a reference, the Tribunal invited the employer and the union to make written submissions on why the remedies sought by the Pay Equity Office should not be granted.

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 16235

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalMar 16, 2015

Application to stay pay equity order due to lack of funding dismissed on a prima facie basis.

The applicant employer sought to stay the enforcement of a Review Officer's Order requiring pay equity adjustments, arguing it lacked the financial means to comply due to insufficient provincial funding.

The respondent union brought a motion to dismiss the application on a prima facie basis and to deny standing to numerous "interested parties" named by the applicant.

The Pay Equity Hearings Tribunal held that the interested parties did not have a direct and substantial interest in the outcome and declined to grant them intervener status.

The Tribunal also granted the union's motion to dismiss the application, reaffirming that lack of funding is not a defense to an employer's statutory obligation to comply with a pay equity plan or the Pay Equity Act.

Community Living Guelph Wellington v Canadian Union of Public Employees, Local 4392, 2015 CanLII 16351

Kalin McDonald

Brian P. MacDonald

4 cases2014–2024

Angela Westheuser

In Private Practice11 cases1994–2015

Angela E. Rae

Patrick Kelly

OPEHTUnanimous (Wrote the reasons)0 cases1999–2019

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalMar 6, 2015

Application to vary pay equity order terminated as applicant had effectively complied with its obligations.

The applicant sought a variance of a Review Officer's Order directing it to pay pay equity adjustments to 767 individuals.

The applicant argued that individuals who could not be located, who had settled, or who had not responded should be removed from the Order's schedule.

The Tribunal found that the applicant had taken all reasonable steps to comply with the Order and had effectively done so.

Consequently, the Tribunal concluded there was no compelling purpose to vary or revoke the Order and terminated the application.

Regional Nursing Services v. Magno, 2015 CanLII 12090

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalMar 4, 2015

Application adjourned sine die for 30 days following settlement in principle.

The applicant requested an adjournment sine die as the parties had reached a settlement in principle.

The Pay Equity Hearings Tribunal granted the request, adjourning the matter for 30 days, after which it would be considered abandoned if no party requested it to proceed.

The scheduled hearing dates were cancelled.

Marc Bertrand v. York Catholic District School Board, 2015 CanLII 12087

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalFeb 25, 2015

Hearing adjourned due to the sudden medical unavailability of the applicant's counsel.

The applicant requested an adjournment of a scheduled hearing because its counsel experienced a sudden medical condition requiring immediate bed rest.

The Tribunal granted the adjournment, noting that it would be unreasonable to expect another lawyer in the firm's small employment and labour section to take carriage of the matter on such short notice.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 12236

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalFeb 20, 2015

Adjournment granted for one hearing date due to applicant counsel's sudden medical emergency.

The applicant requested an adjournment of the hearing scheduled for February 23 and 27, 2015, due to their counsel's sudden medical condition requiring immediate bed rest.

The Pay Equity Hearings Tribunal found that the medical emergency constituted extraordinary circumstances.

The Tribunal granted the adjournment for the February 23 hearing date and reserved its decision regarding the February 27 date pending a review of submitted hearing materials.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 9680

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 TribunalAug 28, 2015

Request for reconsideration set down for a one-day hearing in Toronto.

The Ottawa-Carleton Public Employees' Union (CUPE) Local 503 requested a reconsideration.

After reviewing the response from the Ottawa Public Library, the Pay Equity Hearings Tribunal determined that the matter should be set down for a hearing.

The Registrar was directed to schedule a one-day hearing in Toronto.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2015 CanLII 54966

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalAug 14, 2015

Reconsideration granted to amend publication requirements for notifying former employees of pay equity retroactivity.

The Pay Equity Office referred a matter to the Tribunal for enforcement of a Review Officer's Order.

The Tribunal previously made orders against the employer.

The employer requested reconsideration to alter one of the orders regarding newspaper advertisements for former employees.

The union did not oppose, and the Pay Equity Office did not respond.

The Tribunal granted the reconsideration and amended the order to specify the newspapers and extend the timeline for placing the advertisements.

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 52563

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalAug 12, 2015

Tribunal ordered applicant to serve the Ministry of Community and Social Services with pay equity applications.

The applicant filed applications under the Pay Equity Act challenging Review Officer Orders regarding pay equity adjustments for unionized and non-union employees.

The applicant contended that the Crown in Right of Ontario (Ministry of Community and Social Services) was the true employer, but failed to serve the Ministry.

The Pay Equity Hearings Tribunal ordered the applicant to serve the Ministry with the applications and related documents.

The Tribunal also ordered the applicant to mail the application and notice to any former non-union employees eligible for the pay equity adjustments.

Community Living North Perth v. Ontario Public Service Employees Union, Local 226, 2015 CanLII 51615

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalAug 12, 2015

Time extended for filing replies to the union's response.

The applicant requested an extension of time to file and deliver its reply to the response filed by the union.

The Pay Equity Hearings Tribunal granted the request, extending the deadline for both the applicant and the responding party to file their replies to August 28, 2015.

Corporation of the City of Windsor v. Shirley D. Moor, 2015 CanLII 51315

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalAug 7, 2015

Tribunal ordered employer to comply with pay equity obligations after it failed to respond to enforcement application.

The Pay Equity Office brought a reference under subsection 24(5.2) of the Pay Equity Act seeking enforcement of a Review Officer's Order against the employer.

The employer failed to provide any submissions.

Pay Equity Office v. Excel Employment International Limited, 2015 CanLII 49862

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 15, 2015

Union's correspondence regarding employer's alleged failure to comply with pay equity order treated as reconsideration application.

The union also sought a finding that the employer violated the order and requested a penalty.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2015 CanLII 43593

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 15, 2015

Extension of time granted for applicant to file written submissions.

The applicant requested an extension of time to provide written submissions in response to submissions delivered by Stephen Huff.

The Pay Equity Hearings Tribunal, sitting as a panel of one under the Statutory Powers Procedure Act, granted the applicant an extension until July 20, 2015.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 43590

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalJul 8, 2015

Employer's application challenging pay equity order terminated for failure to comply with workplace posting directions.

In a previous decision, the Tribunal directed the employer to post a notice of its application in the workplace and confirm compliance.

The employer failed to confirm posting.

Consequently, the Tribunal terminated the employer's application.

Pay Equity Office v. Excel Employment International Limited, 2015 CanLII 40342

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJul 6, 2015

Tribunal directs applicant to advise if it objects to respondent's delivery of written submissions.

The Pay Equity Hearings Tribunal issued a procedural direction regarding a potential dispute over the delivery of written submissions by the respondent's representative.

The Tribunal directed the applicant to advise by July 13, 2015, if it took issue with the delivery of the submissions or the respondent's right to rely on them at the hearing.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 39743

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJun 5, 2015

Employer challenging Pay Equity Office order directed to post notice of application in the workplace.

The Tribunal held the enforcement application in abeyance pending the determination of the employer's application.

Pay Equity Office v. Excel Employment International Limited, 2015 CanLII 32382

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 24, 2015

Time extended on consent for filing responses to employer's reconsideration request.

The employer sought reconsideration of a previous Tribunal decision.

On agreement of the employer and the union, the Tribunal extended the time for the union and the Pay Equity Office to file their responses to the reconsideration request until May 7, 2015.

Pay Equity Office v Community Living Guelph Wellington, 2015 CanLII 22390

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 20, 2015

Extension of time granted to file proposed pay equity plan and adjust submission schedule.

The applicant requested an extension of time to comply with a previous Tribunal direction to file and deliver a proposed pay equity plan.

The Tribunal granted the extension and adjusted the deadlines for the responding party employees' response submissions and the applicant's reply submissions.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 21361

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 8, 2015

Tribunal issued procedural directions for production of a proposed pay equity plan and written submissions.

The applicant employer sought to present a motion for orders facilitating the preparation and posting of a pay equity plan, or alternatively revoking a Review Officer's order.

Due to the sudden unavailability of the applicant's counsel, the oral hearing was adjourned.

Maitland Manor Health Care Centre v. Mattuci et al., 2015 CanLII 19197

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalApr 1, 2015

Tribunal orders employer to pay retroactive pay equity adjustments and publish notices following non-compliance.

The Pay Equity Office referred a Review Officer's Order to the Tribunal for enforcement against the employer.

The employer conceded non-compliance.

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 108478

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalMar 17, 2015

Tribunal invites submissions on remedies after employer concedes non-compliance with Pay Equity Review Officer's Order.

The Pay Equity Office referred a Review Officer's Order to the Tribunal for enforcement, and the employer brought an application objecting to the same Order.

The Tribunal previously dismissed the employer's application.

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 16235

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalMar 16, 2015

Application to stay pay equity order due to lack of funding dismissed on a prima facie basis.

The respondent union brought a motion to dismiss the application on a prima facie basis and to deny standing to numerous "interested parties" named by the applicant.

The Pay Equity Hearings Tribunal held that the interested parties did not have a direct and substantial interest in the outcome and declined to grant them intervener status.

Community Living Guelph Wellington v Canadian Union of Public Employees, Local 4392, 2015 CanLII 16351

Kalin McDonald

Brian P. MacDonald

4 cases2014–2024

Angela Westheuser

In Private Practice11 cases1994–2015

Angela E. Rae

Patrick Kelly

OPEHTUnanimous (Wrote the reasons)0 cases1999–2019

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalMar 6, 2015

Application to vary pay equity order terminated as applicant had effectively complied with its obligations.

The applicant sought a variance of a Review Officer's Order directing it to pay pay equity adjustments to 767 individuals.

The applicant argued that individuals who could not be located, who had settled, or who had not responded should be removed from the Order's schedule.

The Tribunal found that the applicant had taken all reasonable steps to comply with the Order and had effectively done so.

Consequently, the Tribunal concluded there was no compelling purpose to vary or revoke the Order and terminated the application.

Regional Nursing Services v. Magno, 2015 CanLII 12090

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalMar 4, 2015

Application adjourned sine die for 30 days following settlement in principle.

The applicant requested an adjournment sine die as the parties had reached a settlement in principle.

The Pay Equity Hearings Tribunal granted the request, adjourning the matter for 30 days, after which it would be considered abandoned if no party requested it to proceed.

The scheduled hearing dates were cancelled.

Marc Bertrand v. York Catholic District School Board, 2015 CanLII 12087

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalFeb 25, 2015

Hearing adjourned due to the sudden medical unavailability of the applicant's counsel.

The applicant requested an adjournment of a scheduled hearing because its counsel experienced a sudden medical condition requiring immediate bed rest.

Maitland Manor Health Care Centre v. Mattuci, 2015 CanLII 12236

Patrick Kelly

Carol Phillips

Ann Burke