Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalDec 5, 2014

Adjournment granted due to applicant counsel's medical issues; further adjournments discouraged.

The applicant requested an adjournment of a scheduled hearing before the Pay Equity Hearings Tribunal, with the consent of the Pay Equity Office, due to medical issues faced by the applicant's counsel.

The Tribunal granted the adjournment, noting the lengthy history of the case and the interests of the responding employees, but warned that further adjournments would only be granted in the most compelling circumstances.

Maitland Manor Health Care Centre v. Mattuci, 2014 CanLII 75496

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalNov 21, 2014

Two respondents removed from pay equity application after receiving settlement cheques.

Two respondents in a Pay Equity Act application wrote to the Tribunal requesting to be removed as parties after receiving settlement cheques from the applicant.

The Tribunal, sitting as a single-member panel under the Statutory Powers Procedure Act, granted the request and removed the two individuals as responding parties.

Regional Nursing Services v. Magno, 2014 CanLII 74781

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalOct 28, 2014

Tribunal directs parties to file objections to a non-party's request for copies of pleadings.

Counsel for employees in a separate pay equity dispute with the Toronto District School Board requested copies of the pleadings in this matter, citing similar issues.

The Tribunal directed the applicants and responding party to file any written objections to the request by November 4, 2014, failing which the Tribunal would grant the request.

Catherine Franko et al. v. York Catholic District School Board, 2014 CanLII 65432

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalOct 15, 2014

Tribunal removes a responding party upon request and clarifies participation requirements for another individual.

The applicant brought an application under the Pay Equity Act.

The Tribunal received correspondence from Karen Jackson requesting to be removed as a party, which was granted.

The Tribunal also received correspondence from Sohail Iqbal, holding a Power of Attorney for Helen Benjamin, asking to be listed as a contact.

The Tribunal directed that if Ms. Benjamin wishes to participate as a responding party, a formal response must be filed; otherwise, Mr. Iqbal should contact the applicant's counsel regarding the pay equity adjustment.

Regional Nursing Services v. Helen Magno et al., 2014 CanLII 61922

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalOct 10, 2014

Respondent removed from proceeding after receiving settlement cheque.

The Tribunal received correspondence from a respondent, I. M. Iqbal, advising that he had received a cheque from the applicant and requesting to be removed from the list of responding parties.

The Tribunal granted the request and removed Mr. Iqbal as a responding party.

Regional Nursing Services v. Magno, 2014 CanLII 61356

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalOct 1, 2014

Respondent removed from Pay Equity Act application after receiving payment from the applicant.

The applicant brought an application under the Pay Equity Act.

A respondent, Dawn Gay, advised the Tribunal that she had received a cheque from the applicant and requested to be removed from the proceeding.

The Tribunal granted the request and removed her as a responding party.

Regional Nursing Services v. Magno, 2014 CanLII 59210

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalAug 29, 2014

Further extension of time to file response granted only on consent of the applicant.

The Pay Equity Office referred a matter to the Tribunal.

The respondent sought a second extension of time to file its response.

The Tribunal ruled that the extension to October 31, 2014, would be granted only if the Pay Equity Office agreed; otherwise, no further lengthy extension would be permitted.

Pay Equity Office v. Community Living Guelph Wellington, 2014 CanLII 52613

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalAug 20, 2014

Employer ordered to file full response to particulars pending case management hearing on motion to strike.

In a pay equity dispute, the employer requested that certain paragraphs of the applicants' particulars be struck, arguing they raised new challenges not previously before Review Services.

The employer also filed a partial response, reserving the right to respond further if the Tribunal assumed jurisdiction over the new challenges.

The applicants sought an order directing the employer to respond fully and to produce certain documents.

The Tribunal deferred the motion to strike to the upcoming case management hearing but ordered the employer to file a full response to the impugned particulars in the interim.

The applicants' request for document production was deferred as the timeframes for document exchange under the Rules of Practice had not yet expired.

Franko v. York Catholic District School Board, 2014 CanLII 50078

Brian P. MacDonald

4 cases2014–2024

Angela Rae

34 cases1990–2023

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJun 20, 2014

Tribunal directed that respondent's incorrectly filed Form 1 be treated as a response.

The applicant, Regional Nursing Services, sought a variance of a Review Officer's pay equity order regarding employees it could not contact.

The respondent, Helen Magno, filed an unsigned Form 1 Application, which appeared to be intended as a response to the applicant's application.

The Pay Equity Hearings Tribunal directed that the Form 1 be treated as a response and ordered the respondent to serve a copy on the applicant's counsel.

Regional Nursing Services v. Helen Magno, 2014 CanLII 34496

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalJun 9, 2014

Tribunal varied previous decision to remove two individuals from notice list due to unlocatable contact information.

The applicant requested to vary a previous decision requiring notice of the proceeding to be given to two individuals.

The Tribunal was satisfied that the applicant made all reasonable but unsuccessful efforts to locate their contact information.

The Tribunal varied its previous decision to remove the two individuals from the notice list.

Regional Nursing Services v. Pay Equity Office, 2014 CanLII 32306

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalMay 30, 2014

Tribunal grants respondent an extension to June 23, 2014 to file its response.

In an application under the Pay Equity Act, the parties disagreed on the deadline for the respondent school board to file its response.

The respondent requested an extension to June 30, 2014, citing a medical leave, while the applicants consented only to June 23, 2014.

The Tribunal ordered the response to be filed by June 23, 2014, finding this provided sufficient time and allowed the applicants' counsel to consult with their clients before the end of the school year.

Bertrand v. York Catholic District School Board, 2014 CanLII 30305

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalMay 15, 2014

Tribunal grants request for summonses but denies union's request to waive conduct money requirement.

The union requested two signed Summons to Witness in blank and a waiver of the requirement to pay conduct money, arguing the witnesses would be paid their regular wages by the employer.

The Tribunal granted the request for the summonses but denied the request to waive the conduct money requirement, noting the Rules of Civil Procedure do not exempt parties from paying conduct money merely because witnesses may be paid their wages.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2014 CanLII 26948

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalMay 2, 2014

Employer's request to redact pay equity adjustment amounts from application materials served on employees denied.

The applicant employer sought a variance of a Pay Equity Office order and requested relief from the Tribunal's Rule 14 requirement to serve the complete application on respondent employees.

The employer argued that Schedule A, which listed all employees and their specific pay equity adjustment entitlements, contained private information and should be redacted so each employee only saw their own entitlement.

The Tribunal dismissed the request, finding no statutory authority or prejudice to the employer that would justify recognizing a privacy interest in the dollar amounts owed under a proxy pay equity plan, distinguishing prior case law regarding actual salary disclosure.

Regional Nursing Services v. Pay Equity Office, 2014 CanLII 23633

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalMay 1, 2014

Motion to dismiss pay equity application for failure to disclose a prima facie case denied.

The respondent school board brought a motion to dismiss the applicant's pay equity application for failure to disclose a prima facie case.

The Tribunal had previously questioned its jurisdiction over the application, but upon receiving further information from the Pay Equity Office, confirmed the application was properly before it.

Applying its reasoning from a previous decision involving similar applications, the Tribunal declined to dismiss the application on a preliminary basis.

Bertrand v. York Catholic District School Board, 2014 CanLII 23635

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalMay 1, 2014

Pay Equity Act applications closed following settlement between the parties.

The parties to two cross-applications under the Pay Equity Act advised the Tribunal that the matters had been settled.

The Tribunal noted that under section 25.1 of the Act, a settlement is binding and can be the subject of a complaint if not complied with.

Having regard to the settlement, the Tribunal closed its files.

Upper Grand District School Board v. Ontario Secondary School Teachers’ Federation, 2014 CanLII 23632

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 28, 2014

Time for delivery of applicants' additional particulars extended.

The applicants requested an extension of time to deliver additional particulars.

The Pay Equity Hearings Tribunal granted the request, extending the deadline to May 9, 2014.

Franko et al. v. York Catholic District School Board, 2014 CanLII 23396

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 23, 2014

Extension of time granted for filing submissions.

The applicant requested an extension of time to file and deliver submissions.

The Pay Equity Hearings Tribunal granted the request, extending the deadline to April 28, 2014.

Maitland Manor Health Care Centre v. Rick Mattuci et al., 2014 CanLII 21946

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalFeb 25, 2014

Employer's motion to dismiss pay equity complaints denied; document production ordered for job evaluation comparisons.

The applicants, non-union employees in various female job classes, challenged the employer's posted pay equity plan, alleging their jobs were not accurately or reasonably evaluated.

The employer brought preliminary motions to dismiss the applications for failure to disclose a prima facie breach of the Pay Equity Act and for delay.

The Tribunal dismissed the employer's motions, finding the applications disclosed a prima facie case.

The Tribunal also ruled that the applicants were limited to challenging the sub-factors they had raised at Review Services, but ordered the employer to produce job evaluation documents for other job classes in relevant similar value groups to allow the applicants to particularize their claims.

Marc Bertrand et al. v. York Catholic District School Board, 2014 CanLII 103781

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalOct 4, 2013

Application to enforce pay equity settlement dismissed; employer correctly applied aggregate wage adjustments.

The union filed an application under the Pay Equity Act to enforce a settlement, arguing that pay equity adjustments should have been added to wage rates prior to the application of general wage percentage increases from the collective agreement.

The Tribunal found that the settlement was clear and unambiguous, and did not dictate the complex calculation method proposed by the union.

The Tribunal concluded that the employer had appropriately implemented the terms of the settlement by paying the adjustments as an aggregate sum, and dismissed the application.

Canadian Union of Public Employees Local 896 v. Au Chateau Home for Aged, 2013 CanLII 67138

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

Samantha Lamb

In Private Practice7 cases2013–2022

Dan Palayew

10 cases1995–2016

Carmen Francis

In Private Practice4 cases2015–2017

Brian Madden

1 case2015–2015

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalFeb 3, 2015

Employer ordered to pay wage increases to maintain pay equity; bargaining strength exception not established.

The employer and the union signed a pay equity plan in 2006 that tied the wages of female-dominated library job classes to male-dominated job classes in a separate municipal bargaining unit.

Subsequent interest arbitration awards for the municipal unit created a wage gap between the library employees and their comparators.

The employer argued that the pay equity plan capped retroactive adjustments and that any wage gap was permitted under the 'bargaining strength' exception in subsection 8(2) of the Pay Equity Act.

The Pay Equity Hearings Tribunal held that the pay equity plan did not cap adjustments and that the employer failed to prove the wage gap resulted from differences in bargaining strength.

The employer was ordered to pay the corresponding percentage wage increases to the female job classes.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2015 CanLII 6950

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalDec 5, 2014

Adjournment granted due to applicant counsel's medical issues; further adjournments discouraged.

Maitland Manor Health Care Centre v. Mattuci, 2014 CanLII 75496

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalNov 21, 2014

Two respondents removed from pay equity application after receiving settlement cheques.

Two respondents in a Pay Equity Act application wrote to the Tribunal requesting to be removed as parties after receiving settlement cheques from the applicant.

The Tribunal, sitting as a single-member panel under the Statutory Powers Procedure Act, granted the request and removed the two individuals as responding parties.

Regional Nursing Services v. Magno, 2014 CanLII 74781

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalOct 28, 2014

Tribunal directs parties to file objections to a non-party's request for copies of pleadings.

Counsel for employees in a separate pay equity dispute with the Toronto District School Board requested copies of the pleadings in this matter, citing similar issues.

The Tribunal directed the applicants and responding party to file any written objections to the request by November 4, 2014, failing which the Tribunal would grant the request.

Catherine Franko et al. v. York Catholic District School Board, 2014 CanLII 65432

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalOct 15, 2014

Tribunal removes a responding party upon request and clarifies participation requirements for another individual.

The applicant brought an application under the Pay Equity Act.

The Tribunal received correspondence from Karen Jackson requesting to be removed as a party, which was granted.

The Tribunal also received correspondence from Sohail Iqbal, holding a Power of Attorney for Helen Benjamin, asking to be listed as a contact.

Regional Nursing Services v. Helen Magno et al., 2014 CanLII 61922

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalOct 10, 2014

Respondent removed from proceeding after receiving settlement cheque.

The Tribunal received correspondence from a respondent, I. M. Iqbal, advising that he had received a cheque from the applicant and requesting to be removed from the list of responding parties.

The Tribunal granted the request and removed Mr. Iqbal as a responding party.

Regional Nursing Services v. Magno, 2014 CanLII 61356

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalOct 1, 2014

Respondent removed from Pay Equity Act application after receiving payment from the applicant.

The applicant brought an application under the Pay Equity Act.

A respondent, Dawn Gay, advised the Tribunal that she had received a cheque from the applicant and requested to be removed from the proceeding.

The Tribunal granted the request and removed her as a responding party.

Regional Nursing Services v. Magno, 2014 CanLII 59210

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalAug 29, 2014

Further extension of time to file response granted only on consent of the applicant.

The Pay Equity Office referred a matter to the Tribunal.

The respondent sought a second extension of time to file its response.

The Tribunal ruled that the extension to October 31, 2014, would be granted only if the Pay Equity Office agreed; otherwise, no further lengthy extension would be permitted.

Pay Equity Office v. Community Living Guelph Wellington, 2014 CanLII 52613

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalAug 20, 2014

Employer ordered to file full response to particulars pending case management hearing on motion to strike.

In a pay equity dispute, the employer requested that certain paragraphs of the applicants' particulars be struck, arguing they raised new challenges not previously before Review Services.

The employer also filed a partial response, reserving the right to respond further if the Tribunal assumed jurisdiction over the new challenges.

The applicants sought an order directing the employer to respond fully and to produce certain documents.

The Tribunal deferred the motion to strike to the upcoming case management hearing but ordered the employer to file a full response to the impugned particulars in the interim.

The applicants' request for document production was deferred as the timeframes for document exchange under the Rules of Practice had not yet expired.

Franko v. York Catholic District School Board, 2014 CanLII 50078

Brian P. MacDonald

4 cases2014–2024

Angela Rae

34 cases1990–2023

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalJun 20, 2014

Tribunal directed that respondent's incorrectly filed Form 1 be treated as a response.

The applicant, Regional Nursing Services, sought a variance of a Review Officer's pay equity order regarding employees it could not contact.

The respondent, Helen Magno, filed an unsigned Form 1 Application, which appeared to be intended as a response to the applicant's application.

The Pay Equity Hearings Tribunal directed that the Form 1 be treated as a response and ordered the respondent to serve a copy on the applicant's counsel.

Regional Nursing Services v. Helen Magno, 2014 CanLII 34496

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalJun 9, 2014

Tribunal varied previous decision to remove two individuals from notice list due to unlocatable contact information.

The applicant requested to vary a previous decision requiring notice of the proceeding to be given to two individuals.

The Tribunal was satisfied that the applicant made all reasonable but unsuccessful efforts to locate their contact information.

The Tribunal varied its previous decision to remove the two individuals from the notice list.

Regional Nursing Services v. Pay Equity Office, 2014 CanLII 32306

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalMay 30, 2014

Tribunal grants respondent an extension to June 23, 2014 to file its response.

In an application under the Pay Equity Act, the parties disagreed on the deadline for the respondent school board to file its response.

The respondent requested an extension to June 30, 2014, citing a medical leave, while the applicants consented only to June 23, 2014.

Bertrand v. York Catholic District School Board, 2014 CanLII 30305

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalMay 15, 2014

Tribunal grants request for summonses but denies union's request to waive conduct money requirement.

The union requested two signed Summons to Witness in blank and a waiver of the requirement to pay conduct money, arguing the witnesses would be paid their regular wages by the employer.

Ottawa Public Library Board v. The Ottawa-Carleton Public Employees Union, Local 503, 2014 CanLII 26948

Patrick Kelly

Carol Phillips

Carla Zabek

OPEHTOntario Pay Equity Hearings TribunalMay 2, 2014

Employer's request to redact pay equity adjustment amounts from application materials served on employees denied.

The applicant employer sought a variance of a Pay Equity Office order and requested relief from the Tribunal's Rule 14 requirement to serve the complete application on respondent employees.

Regional Nursing Services v. Pay Equity Office, 2014 CanLII 23633

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalMay 1, 2014

Motion to dismiss pay equity application for failure to disclose a prima facie case denied.

The respondent school board brought a motion to dismiss the applicant's pay equity application for failure to disclose a prima facie case.

The Tribunal had previously questioned its jurisdiction over the application, but upon receiving further information from the Pay Equity Office, confirmed the application was properly before it.

Applying its reasoning from a previous decision involving similar applications, the Tribunal declined to dismiss the application on a preliminary basis.

Bertrand v. York Catholic District School Board, 2014 CanLII 23635

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalMay 1, 2014

Pay Equity Act applications closed following settlement between the parties.

The parties to two cross-applications under the Pay Equity Act advised the Tribunal that the matters had been settled.

The Tribunal noted that under section 25.1 of the Act, a settlement is binding and can be the subject of a complaint if not complied with.

Having regard to the settlement, the Tribunal closed its files.

Upper Grand District School Board v. Ontario Secondary School Teachers’ Federation, 2014 CanLII 23632

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 28, 2014

Time for delivery of applicants' additional particulars extended.

The applicants requested an extension of time to deliver additional particulars.

The Pay Equity Hearings Tribunal granted the request, extending the deadline to May 9, 2014.

Franko et al. v. York Catholic District School Board, 2014 CanLII 23396

Patrick Kelly

OPEHTOntario Pay Equity Hearings TribunalApr 23, 2014

Extension of time granted for filing submissions.

The applicant requested an extension of time to file and deliver submissions.

The Pay Equity Hearings Tribunal granted the request, extending the deadline to April 28, 2014.

Maitland Manor Health Care Centre v. Rick Mattuci et al., 2014 CanLII 21946

Patrick Kelly

Carol Phillips

Ann Burke

OPEHTOntario Pay Equity Hearings TribunalFeb 25, 2014

Employer's motion to dismiss pay equity complaints denied; document production ordered for job evaluation comparisons.

The applicants, non-union employees in various female job classes, challenged the employer's posted pay equity plan, alleging their jobs were not accurately or reasonably evaluated.

The employer brought preliminary motions to dismiss the applications for failure to disclose a prima facie breach of the Pay Equity Act and for delay.

The Tribunal dismissed the employer's motions, finding the applications disclosed a prima facie case.

Marc Bertrand et al. v. York Catholic District School Board, 2014 CanLII 103781

Patrick Kelly

Carol Phillips

Ann Burke