/Adjudicator

minicounsel

Patrick Kelly — Vice-Chair

Vice-Chair·Ontario Pay Equity Hearings Tribunal

Patrick Kelly

Since 2008

125

cases · 12 yrs · OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 47Vice-Chair· 32Alternate Chair· 26Alternate Chair· 11Vice-Chair· 5Chair· 3Alternate Chair· 1

Phung Kim Quach v. St. Christopher House and Canadian Union of Public Employees, Local 3393, 2009 CanLII 51436

Tribunal refuses to dismiss pay equity application, finding prima facie case that no plan was posted.

The applicant filed an application under the Pay Equity Act alleging that her job was improperly valued and that no pay equity plan was ever posted in the workplace.

The responding employer and union argued the application was premature because they were currently negotiating a new pay equity plan, and that the applicant's claims were barred by previous minutes of settlement.

The Tribunal found that the settlement preserved the applicant's right to seek a retroactive pay equity adjustment.

The Tribunal also found that the historical documents relied upon by the respondents did not constitute a compliant pay equity plan, and the current terms of reference did not guarantee a timely plan.

The Tribunal declined to dismiss the application and directed the respondents to show cause why they should not be ordered to negotiate and post a compliant pay equity plan within six months.

OPEHTOntario Pay Equity Hearings TribunalSep 25, 2009

Pay Equity Office v. Comfort Inn Motel, 2009 CanLII 42946

Application adjourned sine die for three months, to be deemed terminated if not pursued.

Following a pre-hearing conference, the Pay Equity Hearings Tribunal adjourned the application sine die for a period of three months.

The Tribunal ordered that unless the applicant seeks to proceed within that time, the application will be deemed terminated without further notice.

OPEHTOntario Pay Equity Hearings TribunalAug 10, 2009

The Municipality of North Perth v. Cynthia Moyer, 2009 CanLII 24662

Pay equity application adjourned sine die for six months pending settlement.

The applicant filed an application under section 24(6) of the Pay Equity Act.

The parties previously advised the Tribunal that they were attempting to settle the matter and requested that no further hearing dates be set.

As there had been no activity on the file since that time, the Tribunal adjourned the matter sine die for a period not exceeding six months, after which it will be deemed terminated if no party requests to proceed.

OPEHTOntario Pay Equity Hearings TribunalMay 4, 2009

Pay Equity Commission v. Lolita Gardens Day Care Centre, 2009 CanLII 24663

Pay equity matters adjourned sine die after parties failed to request hearing dates.

The Pay Equity Office referred a matter to the Tribunal, and the respondent day care centre brought a related application.

Following a pre-hearing consultation, the parties failed to advise the Tribunal whether they wanted hearing dates set.

The Tribunal adjourned the matters sine die for a period not exceeding six months, noting that the matters would be deemed terminated if no party requested to proceed within that time.

OPEHTOntario Pay Equity Hearings TribunalMay 4, 2009

The Municipality of North Perth v. Cynthia Moyer, 2008 CanLII 72330

Tribunal declined request to convert scheduled hearing into a pre-hearing conference.

The applicant requested that an upcoming hearing be converted into a further pre-hearing conference to address outstanding preliminary matters.

The Pay Equity Hearings Tribunal declined the request, determining that the preliminary issues could be dealt with by the hearing panel at the outset of the scheduled hearing.

OPEHTOntario Pay Equity Hearings TribunalSep 18, 2008

Page 7 of 7 (125 cases)

appearing for Canadian Union of Public Employees, Local 3393

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

appearing for St. Christopher House

Simone CusenzaAgent
1 appearance
Maureen FairAgent
1 appearance

appearing on behalf of the applicant

Dave McCullochAgent
1 appearance
George DendiasAgent
1 appearance
Joanne BranchaudAgent
1 appearance
Lisa BoultonAgent
1 appearance
Carolyn KayCounsel
1 appearance

appearing on her own behalf

Phung Kim QuachSelf-represented
1 appearance

for herself

Amanda BeddowSelf-represented
1 appearance
Lori StephensSelf-represented
1 appearance

for Joan McDougall

Stephen HuffAgent
2 appearances

for Ontario Nurses' Association

Bev MathersUnion representative
1 appearance
Donna WalrondCounsel
1 appearance

for the applicant

Daina GreenCounsel
2 appearances
Len WechslerAgent
1 appearance
Lisa CorrenteCounsel
1 appearance
Lisa KhanAgent
1 appearance
Lynda BoltonUnion representative
1 appearance
Mary CornishCounsel
1 appearance
Matt DrownCounsel
1 appearance
Michael AllenCounsel
1 appearance
Nadine BrumCounsel
1 appearance
Nancianne SpeareUnion representative
1 appearance
Rita Golds-NikolicUnion representative
1 appearance
Robert BassCounsel
1 appearance
Roger RenaudCounsel
1 appearance
Steve LillicoUnion representative
1 appearance
Susan UrselCounsel
1 appearance
Susette ClunisAgent
1 appearance
Suzanne Conley-CholakUnion representative
1 appearance
Tanya FergusonCounsel
1 appearance
Alison DavidsonUnion representative
1 appearance
Alison WallaceUnion representative
1 appearance

for the Applicant

Phung Kim QuachSelf-represented
2 appearances
Brian P. MacDonaldCounsel
1 appearance
Angela RaeCounsel
1 appearance

for the intervenor

Emanuela HeyninckCounsel
1 appearance
Senka DukovichCounsel
1 appearance
Tiziana IsgroCounsel
1 appearance

for the Ottawa-Carleton Public Employees Union, Local 503

Joan KeithUnion representative
1 appearance
Brian MaddenCounsel
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

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

Fred RadunskyCounsel
1 appearance
Harriet VangalisAgent
1 appearance
Joanne LewisAgent
1 appearance
Kelly PooreCounsel
1 appearance
Lisa ShepherdCounsel
1 appearance
Lori StephensSelf-represented
1 appearance
Morrigan GreyCounsel
1 appearance
Rick MattucciSelf-represented
1 appearance
Stephen HuffCounsel
1 appearance
Carolyn KayCounsel
1 appearance
Chris MathersCounsel
1 appearance
Desmond RowleyAgent
1 appearance

for the responding party

Bob BassCounsel
1 appearance
Bob KiddCounsel
1 appearance
Cathy LloydCounsel
1 appearance
Lauri ReesorCounsel
1 appearance
Lisa CorrenteCounsel
1 appearance
Peter TsoporisCounsel
1 appearance

125

Decisions

Years active

Tribunals

2008–2019

Active range

OPEHT125(100%)

Decision types

motion

112

trial

appeal

Page 7 of 7 (125 cases)