Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardSep 27, 2000

Java Joe's Ltd. removed as a responding party based on correspondence from counsel.

The Ontario Labour Relations Board issued a procedural decision removing Java Joe's Ltd. as a responding party in the matter, following correspondence from its counsel.

Canadian Union of Public Employees, Local 5001 v. University Health Network, 2000 CanLII 1874

Patrick Kelly

J. A. Ronson

D. A. Patterson

Extension of time granted for responding party to file submissions.

The responding party requested an extension of time to file submissions in response to a previous Board decision.

The Ontario Labour Relations Board granted the request, extending the deadline to September 27, 2000.

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United Stated, its Territories and Canada, Local 58 v. Stage West All-Suite Hotel & Theatre Restaurant, 2000 CanLII 11069

Patrick Kelly

Duty of fair representation complaint lacked material facts; applicant directed to file particulars.

The applicant filed a duty of fair representation complaint against the trade union under section 74 of the Labour Relations Act, 1995.

The Board found that the application lacked sufficient material facts to establish a case against the union, as the allegations appeared to be aimed entirely at the employer.

The Board directed the applicant to file a concise statement of material facts detailing the union's alleged arbitrary, discriminatory, or bad faith conduct, failing which the application would be dismissed.

Krishna R. Nankissoor v. O.S.S.T.F. District 12, 2000 CanLII 8170

Patrick Kelly

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Marc Sahli v. International Brotherhood of Teamsters Local 938, 2000 CanLII 3640

Patrick Kelly

J. A. Ronson

D. A. Patterson

Application withdrawn at the request of the applicant.

The applicant requested to withdraw her application against the responding trade union and employer.

The Ontario Labour Relations Board acknowledged the correspondence and ordered the application withdrawn.

Grace McIntyre v. The University of Western Ontario Staff Association, 2000 CanLII 3613

Patrick Kelly

Time for filing response extended to October 6, 2000.

The responding party requested an extension of time to file its response.

The Ontario Labour Relations Board granted the request, extending the deadline to October 6, 2000.

Steve Carboni v. Ontario Public Service Employees Union, Local 438, 2000 CanLII 2238

Steve Dramwitzke

Michael Horan

38 cases1980–2001

Lane Brennan

Don Frenette

Not Practising Law15 cases1999–2011

Bruce Arnott

Patrick Kelly

In Private Practice8 cases2000–2022

Water meter installation is work of the plumber trade requiring a certificate of qualification.

The applicant appealed an order of a Health and Safety Inspector determining that the installation of water meters by an independent contractor without a plumber's certificate of qualification violated the Occupational Health and Safety Act and its regulations.

The applicant argued that the Public Utilities Act authorized the work and that water meter installation did not fall within the definition of the plumber trade.

The Board found that the Public Utilities Act provision was merely an access provision and did not govern trade qualifications.

The Board concluded that water meter installation is work of the plumber trade, as it is included in the training curricula for plumbers and water meters are appurtenances for the supply of water.

The appeal was dismissed.

Schlumberger Canada Limited v. Ministry of Labour, 2000 CanLII 13224

Rebecca Kingdon

L. Eisenberg

29 cases2000–2001

Jacquie Chic

8 cases2000–2001

Patrick Kelly

Hearing adjourned to add a potential employer as a responding party and provide notice.

The applicant appealed the refusal of an Employment Standards Officer to issue an Order to Pay.

At the commencement of the hearing, the Ministry of Labour requested an adjournment, noting that evidence might show an individual not yet named as a party was the true employer and could be liable.

The applicant did not oppose the request, and the named responding party did not appear.

The Board granted the adjournment, added the individual as a responding party, and directed the Ministry to provide her with notice of the proceedings.

Derrick Woodman v. G.R.M. Contracting Ltd., 2000 CanLII 5295

Patrick Kelly

Motion to dismiss duty of fair representation complaint denied; matter listed for consultation.

The applicant filed a section 74 complaint under the Labour Relations Act, 1995, alleging the union breached its duty of fair representation regarding his entitlement to severance pay.

The intervenor employer requested the Board dismiss the application without a hearing for failing to make out a prima facie case.

The Board found the application arguably established a prima facie case of a violation, noting the union's delay in filing a grievance on the applicant's behalf.

The Board declined to dismiss the complaint and directed that the matter be listed for a consultation.

Ross Michener v. Canadian Auto Workers, Local 199, 2000 CanLII 3824

Patrick Kelly

J. A. Rundle

H. Peacock

Application withdrawn at the request of the applicant union.

The applicant union requested to withdraw its application via correspondence.

The Ontario Labour Relations Board acknowledged the correspondence and ordered the matter withdrawn.

Communications, Energy and Paperworkers Union of Canada v. Comcare Health Services, 2000 CanLII 1746

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardSep 21, 2000

Declaration granted confirming applicant union acquired predecessor's rights via merger or transfer of jurisdiction.

The applicant union applied under section 68 of the Labour Relations Act, 1995 for a declaration that it acquired the rights, privileges, and duties of its predecessor union by reason of a merger, amalgamation, or transfer of jurisdiction.

The application was unopposed.

The Ontario Labour Relations Board granted the declaration.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 478, 2000 CanLII 9095

Patrick Kelly

Request for reconsideration of duty of fair representation complaint dismissed for failing to meet reconsideration criteria.

The applicant requested reconsideration of a Board decision that dismissed his duty of fair representation and fair referral complaints against the union.

The original complaints centered on the union's agreement to a 'name-hire' arrangement with an employers' organization.

The Board reviewed the applicant's six grounds for reconsideration, including allegations of misleading documents, internal union approval processes, and lack of opportunity to examine witnesses.

Finding that the applicant failed to present new evidence that could not have been previously obtained or raise significant policy issues, the Board denied the request for reconsideration.

Timothy G. Mitchinson v. International Brotherhood of Electrical Workers, Local 303, 2000 CanLII 13003

R. R. Montague

Patrick Kelly

J. A. Ronson

Preliminary objection regarding contradictory positions referred to hearing panel due to material factual disputes.

The applicant union filed applications under the Labour Relations Act, 1995 regarding housekeeping employees whose services were contracted out to a service provider by a predecessor hospital.

The successor hospital raised a preliminary objection, arguing that the union's position in the current applications contradicted its stance during earlier hospital restructuring proceedings under the Public Sector Labour Relations Transition Act, 1997.

The union denied any contradiction and asserted it had consistently maintained that the housekeeping staff were employees of the hospital for labour relations purposes.

Finding material facts in dispute regarding the preliminary objection, the Board referred the matter to the Registrar to be dealt with by the panel assigned to hear the merits.

Service Employees Union v. Quinte Healthcare Corporation and Service Master of Canada Limited, 2000 CanLII 11969

Patrick Kelly

Board amended representation vote order to segregate ballots of disputed journeymen and apprentice elevator constructors.

The applicant union applied for certification.

The Board previously directed a representation vote.

An intervenor union filed an intervention, noting it already represents journeymen and apprentice elevator constructors employed by the responding party in certain sectors, and requested they be excluded from the bargaining unit description.

The Board amended its previous decision to direct that if any student, foreperson, journeyman, or apprentice elevator constructor wishes to cast a ballot, their ballot shall be segregated and not counted until the Board orders or the parties agree.

United Steelworkers of America v. Concord Elevator Inc., 2000 CanLII 13476

Patrick Kelly

Community agency providing residential care to developmentally disabled persons found to be a hospital under HLDAA.

The Minister of Labour referred a question to the Ontario Labour Relations Board to determine whether Total Communication Environment Inc. (TCE), a community agency providing residential services to developmentally disabled persons, is a 'hospital' under the Hospital Labour Disputes Arbitration Act (HLDAA).

The Board found that TCE is an institution providing observation, care, and treatment to persons suffering from physical or mental illnesses, diseases, or injuries.

Consequently, the Board concluded that TCE is a hospital within the meaning of section 1(1) of the HLDAA and advised the Minister accordingly.

Canadian Union of Public Employees Local 2605 v. Total Communications Environment Inc., 2000 CanLII 13139

Patrick Kelly

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

The applicant filed an application against the responding parties.

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

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

Johnny B. Dagdag v. Karen Walsh – SEIU – Local 204, 2000 CanLII 2260

Patrick Kelly

OLRBOntario Labour Relations BoardSep 11, 2000

Preliminary objection to dismiss application for lack of standing denied; motion may be renewed at hearing.

The responding party raised a preliminary objection challenging the applicant's standing to bring the application, arguing the applicant was not a party to the collective agreement and could not challenge its validity.

The Board declined to dismiss the application on a prima facie basis, noting the novel issues raised, and permitted the responding party to renew its motion before the hearing panel.

Service Employees International Union, A.F.L-C.I.O., C.L.C. v. Local 210 Staff Association and Service Employees International Union, Local 210, 2000 CanLII 11768

Patrick Kelly

Representation vote adjourned to allow submissions on whether the responding party employed the affected individuals.

The applicant union requested an adjournment of a scheduled representation vote in an application for certification.

The responding party claimed it did not employ any of the individuals in question on the date the application was filed, which the applicant contested.

The Board granted a brief delay of the vote to allow the applicant to investigate the claim and ordered the parties to provide written submissions regarding the timing of the employment relationship.

United Food and Commercial Workers International Union Local 175 v. Hurley Corporation, 2000 CanLII 11871

Patrick Kelly

Employment and Labour Law

Representation vote ordered and ballot box sealed in certification application due to bargaining unit dispute.

The applicant trade union applied for certification.

The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the proposed bargaining unit could be appropriate but could not be absolutely certain that 40 per cent or more of the individuals in the unit were members of the union.

The Board ordered a representation vote and directed that the ballot box be sealed pending resolution of the dispute over the inclusion of certain employee classifications.

Graphic Communications International Union, Local 100M v. Distican Inc., 2000 CanLII 10599

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

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. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardSep 27, 2000

Representation vote directed in displacement application for union certification.

The applicant union filed a displacement application for certification.

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

Finding sufficient membership support, the Board directed a representation vote to determine whether employees wish to be represented by the applicant or the intervenor.

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (Cement Division) v. King Packaged Materials Company, 2000 CanLII 2998

Patrick Kelly

J. A. Rundle

D. A. Patterson

OLRBOntario Labour Relations BoardSep 27, 2000

Java Joe's Ltd. removed as a responding party based on correspondence from counsel.

The Ontario Labour Relations Board issued a procedural decision removing Java Joe's Ltd. as a responding party in the matter, following correspondence from its counsel.

Canadian Union of Public Employees, Local 5001 v. University Health Network, 2000 CanLII 1874

Patrick Kelly

J. A. Ronson

D. A. Patterson

Extension of time granted for responding party to file submissions.

The responding party requested an extension of time to file submissions in response to a previous Board decision.

The Ontario Labour Relations Board granted the request, extending the deadline to September 27, 2000.

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United Stated, its Territories and Canada, Local 58 v. Stage West All-Suite Hotel & Theatre Restaurant, 2000 CanLII 11069

Patrick Kelly

Duty of fair representation complaint lacked material facts; applicant directed to file particulars.

The applicant filed a duty of fair representation complaint against the trade union under section 74 of the Labour Relations Act, 1995.

The Board found that the application lacked sufficient material facts to establish a case against the union, as the allegations appeared to be aimed entirely at the employer.

Krishna R. Nankissoor v. O.S.S.T.F. District 12, 2000 CanLII 8170

Patrick Kelly

Application withdrawn at the request of the applicant.

The applicant requested to withdraw the application.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Marc Sahli v. International Brotherhood of Teamsters Local 938, 2000 CanLII 3640

Patrick Kelly

J. A. Ronson

D. A. Patterson

Application withdrawn at the request of the applicant.

The applicant requested to withdraw her application against the responding trade union and employer.

The Ontario Labour Relations Board acknowledged the correspondence and ordered the application withdrawn.

Grace McIntyre v. The University of Western Ontario Staff Association, 2000 CanLII 3613

Patrick Kelly

Time for filing response extended to October 6, 2000.

The responding party requested an extension of time to file its response.

The Ontario Labour Relations Board granted the request, extending the deadline to October 6, 2000.

Steve Carboni v. Ontario Public Service Employees Union, Local 438, 2000 CanLII 2238

Steve Dramwitzke

Michael Horan

38 cases1980–2001

Lane Brennan

Don Frenette

Not Practising Law15 cases1999–2011

Bruce Arnott

Patrick Kelly

In Private Practice8 cases2000–2022

Water meter installation is work of the plumber trade requiring a certificate of qualification.

The applicant argued that the Public Utilities Act authorized the work and that water meter installation did not fall within the definition of the plumber trade.

The Board found that the Public Utilities Act provision was merely an access provision and did not govern trade qualifications.

The Board concluded that water meter installation is work of the plumber trade, as it is included in the training curricula for plumbers and water meters are appurtenances for the supply of water.

The appeal was dismissed.

Schlumberger Canada Limited v. Ministry of Labour, 2000 CanLII 13224

Rebecca Kingdon

L. Eisenberg

29 cases2000–2001

Jacquie Chic

8 cases2000–2001

Patrick Kelly

Hearing adjourned to add a potential employer as a responding party and provide notice.

The applicant appealed the refusal of an Employment Standards Officer to issue an Order to Pay.

At the commencement of the hearing, the Ministry of Labour requested an adjournment, noting that evidence might show an individual not yet named as a party was the true employer and could be liable.

The applicant did not oppose the request, and the named responding party did not appear.

The Board granted the adjournment, added the individual as a responding party, and directed the Ministry to provide her with notice of the proceedings.

Derrick Woodman v. G.R.M. Contracting Ltd., 2000 CanLII 5295

Patrick Kelly

Motion to dismiss duty of fair representation complaint denied; matter listed for consultation.

The applicant filed a section 74 complaint under the Labour Relations Act, 1995, alleging the union breached its duty of fair representation regarding his entitlement to severance pay.

The intervenor employer requested the Board dismiss the application without a hearing for failing to make out a prima facie case.

The Board found the application arguably established a prima facie case of a violation, noting the union's delay in filing a grievance on the applicant's behalf.

The Board declined to dismiss the complaint and directed that the matter be listed for a consultation.

Ross Michener v. Canadian Auto Workers, Local 199, 2000 CanLII 3824

Patrick Kelly

J. A. Rundle

H. Peacock

Application withdrawn at the request of the applicant union.

The applicant union requested to withdraw its application via correspondence.

The Ontario Labour Relations Board acknowledged the correspondence and ordered the matter withdrawn.

Communications, Energy and Paperworkers Union of Canada v. Comcare Health Services, 2000 CanLII 1746

Patrick Kelly

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardSep 21, 2000

Declaration granted confirming applicant union acquired predecessor's rights via merger or transfer of jurisdiction.

The application was unopposed.

The Ontario Labour Relations Board granted the declaration.

Service Employees International Union, Local 204 v. Service Employees International Union, Local 478, 2000 CanLII 9095

Patrick Kelly

Request for reconsideration of duty of fair representation complaint dismissed for failing to meet reconsideration criteria.

The applicant requested reconsideration of a Board decision that dismissed his duty of fair representation and fair referral complaints against the union.

The original complaints centered on the union's agreement to a 'name-hire' arrangement with an employers' organization.

The Board reviewed the applicant's six grounds for reconsideration, including allegations of misleading documents, internal union approval processes, and lack of opportunity to examine witnesses.

Finding that the applicant failed to present new evidence that could not have been previously obtained or raise significant policy issues, the Board denied the request for reconsideration.

Timothy G. Mitchinson v. International Brotherhood of Electrical Workers, Local 303, 2000 CanLII 13003

R. R. Montague

Patrick Kelly

J. A. Ronson

Preliminary objection regarding contradictory positions referred to hearing panel due to material factual disputes.

The applicant union filed applications under the Labour Relations Act, 1995 regarding housekeeping employees whose services were contracted out to a service provider by a predecessor hospital.

The union denied any contradiction and asserted it had consistently maintained that the housekeeping staff were employees of the hospital for labour relations purposes.

Finding material facts in dispute regarding the preliminary objection, the Board referred the matter to the Registrar to be dealt with by the panel assigned to hear the merits.

Service Employees Union v. Quinte Healthcare Corporation and Service Master of Canada Limited, 2000 CanLII 11969

Patrick Kelly

Board amended representation vote order to segregate ballots of disputed journeymen and apprentice elevator constructors.

The applicant union applied for certification.

The Board previously directed a representation vote.

United Steelworkers of America v. Concord Elevator Inc., 2000 CanLII 13476

Patrick Kelly

Community agency providing residential care to developmentally disabled persons found to be a hospital under HLDAA.

The Board found that TCE is an institution providing observation, care, and treatment to persons suffering from physical or mental illnesses, diseases, or injuries.

Consequently, the Board concluded that TCE is a hospital within the meaning of section 1(1) of the HLDAA and advised the Minister accordingly.

Canadian Union of Public Employees Local 2605 v. Total Communications Environment Inc., 2000 CanLII 13139

Patrick Kelly

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

The applicant filed an application against the responding parties.

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

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

Johnny B. Dagdag v. Karen Walsh – SEIU – Local 204, 2000 CanLII 2260

Patrick Kelly

OLRBOntario Labour Relations BoardSep 11, 2000

Preliminary objection to dismiss application for lack of standing denied; motion may be renewed at hearing.

The Board declined to dismiss the application on a prima facie basis, noting the novel issues raised, and permitted the responding party to renew its motion before the hearing panel.

Service Employees International Union, A.F.L-C.I.O., C.L.C. v. Local 210 Staff Association and Service Employees International Union, Local 210, 2000 CanLII 11768

Patrick Kelly

Representation vote adjourned to allow submissions on whether the responding party employed the affected individuals.

The applicant union requested an adjournment of a scheduled representation vote in an application for certification.

The responding party claimed it did not employ any of the individuals in question on the date the application was filed, which the applicant contested.

The Board granted a brief delay of the vote to allow the applicant to investigate the claim and ordered the parties to provide written submissions regarding the timing of the employment relationship.

United Food and Commercial Workers International Union Local 175 v. Hurley Corporation, 2000 CanLII 11871

Patrick Kelly