Patrick Kelly

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalOct 19, 2009

Tribunal orders employer and union to negotiate and post a pay equity plan by June 30, 2010.

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

The Tribunal previously directed the respondents to explain why they should not be ordered to negotiate and post a pay equity plan within six months.

The respondents argued an order was unnecessary as they were already negotiating a plan and had signed a Joint Terms of Reference, committing to post a plan by December 31, 2010.

The Tribunal found the Terms of Reference did not fully address all statutory elements and that a plan was long overdue.

The Tribunal ordered the respondents to continue negotiating and directed the employer to post the agreed pay equity plan by June 30, 2010.

Phung Kim Quach v. St. Christopher House, 2009 CanLII 56702

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalSep 25, 2009

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The Tribunal also found that the historical documents relied upon by the respondents did not constitute a compliant pay equity plan, and the current terms of reference did not guarantee a timely plan.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

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

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalAug 10, 2009

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.

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

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalMay 4, 2009

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.

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

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalMay 4, 2009

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.

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

Pauline Seville

OPEHTUnanimous0 cases1998–2013

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalSep 18, 2008

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.

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

Jeremy Warning

In Private Practice22 cases2000–2022

James C. Tidd

1 case2001–2001

Abdul-Basit Khan

In Private Practice5 cases2001–2017

Patrick Kelly

OLRBOntario Labour Relations BoardDec 20, 2001

Board orders disbursement of funds held in trust following settlement of Employment Standards Act appeal.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

The Ontario Labour Relations Board ordered the disbursement of the $25,900.44 held in trust by the Director of Employment Standards to the employer, the employees, and the Consolidated Revenue Fund in accordance with the settlement.

USF WaterGroup Inc. and Culligan of Canada Limited v. Susan Cloutier et al., 2001 CanLII 7517

Patrick Kelly

OLRBOntario Labour Relations BoardDec 18, 2001

Board directs employer to file submissions explaining refusal to recognize collective agreement following sale of business.

The applicant union requested an urgent hearing, alleging that the responding employer refused to recognize the applicability of its collective agreement following a sale of business and a run-off representation vote.

The Board noted its previous decisions declaring the applicant the bargaining agent and finding the employer bound to the collective agreements.

Before scheduling a hearing or making a declaration, the Board directed the employer to file written submissions explaining its position in light of s. 69 of the Labour Relations Act, 1995.

Ontario Public Service Employees Union v. Health Trust Pre Hospital Services Inc., 2001 CanLII 14623

Patrick Kelly

OLRBOntario Labour Relations BoardDec 17, 2001

Adjournment granted due to medical emergencies involving the applicant's witnesses.

The applicant requested an adjournment of the scheduled hearing due to serious medical emergencies involving two of its witnesses.

The Ontario Labour Relations Board granted the request and ordered the hearing to be rescheduled.

D.G. Jewelery Inc. v. Luis Brito and Ministry of Labour, 2001 CanLII 14402

Patrick Kelly

OLRBOntario Labour Relations BoardDec 13, 2001

Board amended its previous decision to correct a clerical error in a paragraph reference.

The Board issued a decision to correct a clerical error in its previous decision dated December 10, 2001.

An erroneous reference to paragraph 10 was amended to refer to paragraph 9.

Saleem Farooqui v. Canadian Auto Workers’ Union, Local 1967, 2001 CanLII 4715

Patrick Kelly

Matter terminated by the Board based on the agreement of the parties.

The applicant brought a matter before the Ontario Labour Relations Board against the responding union.

Having regard to the agreement of the parties dated December 12, 2001, the Board ordered the matter terminated.

Gloria Harris v. Hotel Employees Restaurant Employees Union, Local 75, 2001 CanLII 14728

Patrick Kelly

Consultation adjourned and applicant directed to provide particulars for vague duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union regarding a dispute with her employer over her return to work following surgery.

The union requested that the application be dismissed without a consultation or adjourned to allow the applicant to file proper pleadings.

The Board found the applicant's pleadings vague and unparticularized, making it difficult to understand the material facts of the alleged breach.

The Board adjourned the scheduled consultation and directed the applicant to provide specific written particulars detailing how the union violated section 74 of the Act.

Lise Roy v. Canadian Union of Public Employees and its Local 8888, 2001 CanLII 10432

Patrick Kelly

Application dismissed without prejudice for failure to comply with the Board's delivery rules.

The applicant attempted to file an application alleging a violation of section 74 of the Labour Relations Act, 1995, but failed to deliver a copy to the responding party or the employer.

The Registrar advised the applicant to re-submit a properly completed application within 10 days.

The applicant failed to respond.

The Board dismissed the application without prejudice to the filing of a fresh, properly completed application.

Ali Mahamat Abderamane v. CAW Local 1256, 2001 CanLII 6418

Patrick Kelly

OLRBUnanimous (Wrote the reasons)0 cases1999–2019

Duty of fair representation complaint dismissed; union acted reasonably in settling grievances based on medical restrictions.

The applicant filed a duty of fair representation complaint against his union, alleging it failed to properly process numerous harassment grievances and improperly settled his recall grievances without his consent.

The Board dismissed the complaint regarding the older harassment grievances due to the applicant's undue delay in bringing the application.

Regarding the recall and sick leave grievances, the Board found the union acted reasonably and not in an arbitrary, discriminatory, or bad faith manner.

The union had negotiated a settlement for the recall grievances after reasonably concluding it could not establish that work was available for the applicant given his medical restrictions.

Saleem Farooqui v. Canadian Auto Workers’ Union, Local 1967, 2001 CanLII 13834

Patrick Kelly

J. A. Ronson

D. A. Patterson

Extension of time to file a response granted to the Sault Ste. Marie Professional Fire Fighters Association.

In an application before the Ontario Labour Relations Board, the Sault Ste.

Marie Professional Fire Fighters Association, Local 529, requested an extension of time to file a response.

The Board granted the request, extending the deadline to December 21, 2001, noting that the hearing had not yet been scheduled and the Labour Relations Officer's report was not due until January 2002.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 1120 v. District of Sault Ste. Marie Social Services Administration Board, 2001 CanLII 11036

Patrick Kelly

J. A. Ronson

D. A. Patterson

Application withdrawn with leave of the Board.

The applicant, United Steelworkers of America, requested to withdraw its application against Stellarc Precision Bar Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

United Steelworkers of America v. Stellarc Precision Bar Inc., 2001 CanLII 7709

Patrick Kelly

Board directs applicant to provide submissions on union's request to defer duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union regarding his termination from employment.

The union requested that the Board defer processing the application and extend the time limits for filing a response, as it was currently processing a grievance challenging the termination.

The Board directed the applicant to provide written submissions addressing the union's deferral request before making a determination, and relieved the union and employer from filing responses in the interim.

Jamie Alexander v. Northern Ontario Joint Council of Retail, Wholesale & Department Store Union District Council of the United Food and Commercial Workers International Union, 2001 CanLII 7569

Patrick Kelly

Board directs applicants to file written submissions before ruling on union's motion to dismiss.

The applicants filed an application alleging a violation of section 74 of the Labour Relations Act, 1995, claiming the union settled grievances without seeking their approval and without securing tuition reimbursement.

The union requested the application be dismissed for failing to disclose a prima facie case.

The Board directed the applicants to provide written submissions in reply to specific paragraphs of the union's response before ruling on the motion to dismiss.

David Anta v. Service Employees International Union, Local 204, 2001 CanLII 4014

Patrick Kelly

Employment and Labour Law

Extension of time to file response granted.

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

The Board granted the extension to December 21, 2001.

Denise Marie Lachance v. United Steelworkers of America Local #9329, 2001 CanLII 3920

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

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalApr 23, 2010

Application adjourned sine die for one month pending a request to proceed.

The Pay Equity Commission brought an application against Gian Daycare Limited and Faroogh Mahmoodi.

The Pay Equity Hearings Tribunal ordered the application adjourned sine die for a period not exceeding one month.

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

Pay Equity Commission v. Gian Daycare Limited, 2010 CanLII 23838

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalOct 19, 2009

Tribunal orders employer and union to negotiate and post a pay equity plan by June 30, 2010.

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

The Tribunal previously directed the respondents to explain why they should not be ordered to negotiate and post a pay equity plan within six months.

The respondents argued an order was unnecessary as they were already negotiating a plan and had signed a Joint Terms of Reference, committing to post a plan by December 31, 2010.

The Tribunal found the Terms of Reference did not fully address all statutory elements and that a plan was long overdue.

The Tribunal ordered the respondents to continue negotiating and directed the employer to post the agreed pay equity plan by June 30, 2010.

Phung Kim Quach v. St. Christopher House, 2009 CanLII 56702

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalSep 25, 2009

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

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.

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

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalAug 10, 2009

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.

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

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalMay 4, 2009

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.

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

Pauline R. Seville

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalMay 4, 2009

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.

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

Pauline Seville

OPEHTUnanimous0 cases1998–2013

Patrick Kelly

Margaret Kvetan

OPEHTOntario Pay Equity Hearings TribunalSep 18, 2008

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.

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

Jeremy Warning

In Private Practice22 cases2000–2022

James C. Tidd

1 case2001–2001

Abdul-Basit Khan

In Private Practice5 cases2001–2017

Patrick Kelly

OLRBOntario Labour Relations BoardDec 20, 2001

Board orders disbursement of funds held in trust following settlement of Employment Standards Act appeal.

The applicant employer sought a review of an Order to Pay under section 68 of the Employment Standards Act.

The workplace parties entered into Minutes of Settlement.

USF WaterGroup Inc. and Culligan of Canada Limited v. Susan Cloutier et al., 2001 CanLII 7517

Patrick Kelly

OLRBOntario Labour Relations BoardDec 18, 2001

Board directs employer to file submissions explaining refusal to recognize collective agreement following sale of business.

The Board noted its previous decisions declaring the applicant the bargaining agent and finding the employer bound to the collective agreements.

Before scheduling a hearing or making a declaration, the Board directed the employer to file written submissions explaining its position in light of s. 69 of the Labour Relations Act, 1995.

Ontario Public Service Employees Union v. Health Trust Pre Hospital Services Inc., 2001 CanLII 14623

Patrick Kelly

OLRBOntario Labour Relations BoardDec 17, 2001

Adjournment granted due to medical emergencies involving the applicant's witnesses.

The applicant requested an adjournment of the scheduled hearing due to serious medical emergencies involving two of its witnesses.

The Ontario Labour Relations Board granted the request and ordered the hearing to be rescheduled.

D.G. Jewelery Inc. v. Luis Brito and Ministry of Labour, 2001 CanLII 14402

Patrick Kelly

OLRBOntario Labour Relations BoardDec 13, 2001

Board amended its previous decision to correct a clerical error in a paragraph reference.

The Board issued a decision to correct a clerical error in its previous decision dated December 10, 2001.

An erroneous reference to paragraph 10 was amended to refer to paragraph 9.

Saleem Farooqui v. Canadian Auto Workers’ Union, Local 1967, 2001 CanLII 4715

Patrick Kelly

Matter terminated by the Board based on the agreement of the parties.

The applicant brought a matter before the Ontario Labour Relations Board against the responding union.

Having regard to the agreement of the parties dated December 12, 2001, the Board ordered the matter terminated.

Gloria Harris v. Hotel Employees Restaurant Employees Union, Local 75, 2001 CanLII 14728

Patrick Kelly

Consultation adjourned and applicant directed to provide particulars for vague duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union regarding a dispute with her employer over her return to work following surgery.

The union requested that the application be dismissed without a consultation or adjourned to allow the applicant to file proper pleadings.

The Board found the applicant's pleadings vague and unparticularized, making it difficult to understand the material facts of the alleged breach.

The Board adjourned the scheduled consultation and directed the applicant to provide specific written particulars detailing how the union violated section 74 of the Act.

Lise Roy v. Canadian Union of Public Employees and its Local 8888, 2001 CanLII 10432

Patrick Kelly

Application dismissed without prejudice for failure to comply with the Board's delivery rules.

The applicant attempted to file an application alleging a violation of section 74 of the Labour Relations Act, 1995, but failed to deliver a copy to the responding party or the employer.

The Registrar advised the applicant to re-submit a properly completed application within 10 days.

The applicant failed to respond.

The Board dismissed the application without prejudice to the filing of a fresh, properly completed application.

Ali Mahamat Abderamane v. CAW Local 1256, 2001 CanLII 6418

Patrick Kelly

OLRBUnanimous (Wrote the reasons)0 cases1999–2019

Duty of fair representation complaint dismissed; union acted reasonably in settling grievances based on medical restrictions.

The Board dismissed the complaint regarding the older harassment grievances due to the applicant's undue delay in bringing the application.

Regarding the recall and sick leave grievances, the Board found the union acted reasonably and not in an arbitrary, discriminatory, or bad faith manner.

The union had negotiated a settlement for the recall grievances after reasonably concluding it could not establish that work was available for the applicant given his medical restrictions.

Saleem Farooqui v. Canadian Auto Workers’ Union, Local 1967, 2001 CanLII 13834

Patrick Kelly

J. A. Ronson

D. A. Patterson

Extension of time to file a response granted to the Sault Ste. Marie Professional Fire Fighters Association.

In an application before the Ontario Labour Relations Board, the Sault Ste.

Marie Professional Fire Fighters Association, Local 529, requested an extension of time to file a response.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 1120 v. District of Sault Ste. Marie Social Services Administration Board, 2001 CanLII 11036

Patrick Kelly

J. A. Ronson

D. A. Patterson

Application withdrawn with leave of the Board.

The applicant, United Steelworkers of America, requested to withdraw its application against Stellarc Precision Bar Inc. The Ontario Labour Relations Board granted leave to withdraw the application.

United Steelworkers of America v. Stellarc Precision Bar Inc., 2001 CanLII 7709

Patrick Kelly

Board directs applicant to provide submissions on union's request to defer duty of fair representation complaint.

The applicant filed a duty of fair representation complaint against the union regarding his termination from employment.

The union requested that the Board defer processing the application and extend the time limits for filing a response, as it was currently processing a grievance challenging the termination.

Jamie Alexander v. Northern Ontario Joint Council of Retail, Wholesale & Department Store Union District Council of the United Food and Commercial Workers International Union, 2001 CanLII 7569

Patrick Kelly

Board directs applicants to file written submissions before ruling on union's motion to dismiss.

The union requested the application be dismissed for failing to disclose a prima facie case.

The Board directed the applicants to provide written submissions in reply to specific paragraphs of the union's response before ruling on the motion to dismiss.

David Anta v. Service Employees International Union, Local 204, 2001 CanLII 4014

Patrick Kelly