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minicounsel

Timothy W. Sargeant — Vice-Chair

TS

Employment and Labour Law

Other Tribunals

Administrative Law

Timothy W. Sargeant

Vice-Chair·Ontario Labour Relations Board·Since 1997

690

cases · 5 yrs · OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 283Vice-Chair· 266Vice-Chair· 123Vice-Chair· Chair· 6Adjudicator/Referee· 3Vice-Chair· Chair· 2Vice Chair· 2Vice‑Chair· 1

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardApr 26, 2001

Ontario coat of arms

Ontario coat of arms

Application withdrawn with leave and continuation dates scheduled for remaining matters.

The Ontario Labour Relations Board granted the applicant leave to withdraw the application in Board File No. 2910-99-U. The Board also scheduled continuation dates for the remaining matters in August, October, and November 2001.

United Steelworkers of America v. CPI Plastics Group Ltd., 2001 CanLII 2711

Timothy W. Sargeant

OLRB0 cases1997–2001

OLRBOntario Labour Relations BoardApr 19, 2001

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Ontario coat of arms

Application adjourned sine die for up to one year pending party request to proceed.

The Ontario Labour Relations Board, on its own motion and following a status report from a Labour Relations Officer, adjourned the application sine die for a period not exceeding one year.

If neither party requests to proceed within that time, the matter will be deemed terminated.

Jeffrey Hickey v. United Food & Commercial Workers International Union, 2001 CanLII 6904

Timothy W. Sargeant

OLRB0 cases1997–2001

OLRBOntario Labour Relations BoardDec 11, 2000

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Ontario coat of arms

Union's motion to dismiss duty of fair representation complaint without a hearing denied.

The applicant filed a complaint alleging that the union breached section 74 of the Labour Relations Act, 1995.

The union brought a motion to dismiss the application without a hearing on the basis of undue delay and failure to make out a prima facie case.

The Board declined to dismiss the application on a prima facie basis, finding that the pleadings required an explanation from the union.

The Board also determined that further evidence should be heard regarding the issue of undue delay.

The matter was directed to the Registrar to schedule a consultation hearing.

Louis Lauzon v. United Steelworkers of America, Local 2020, and Falconbridge Limited, 2000 CanLII 609

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

OLRB0 cases1986–2001

J. A. Rundle

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 7, 2000

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Ontario coat of arms

OLRB issues certificate to union for agreed-upon bargaining unit at Sudbury Downs.

The applicant union informed the Registrar that it obtained registration from the Alcohol and Gaming Commission of Ontario.

Having regard to the agreement of the parties, the Ontario Labour Relations Board found the proposed bargaining unit of employees at Sudbury Downs appropriate for collective bargaining.

A certificate was ordered to issue to the applicant.

Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union District Counsel of the United Food and Commercial Workers International Union v. Sudbury Downs, A Division of MacRanald Enterprises Incorporated, 2000 CanLII 9732

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 6, 2000

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Ontario coat of arms

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and no statement of desire to make representations was filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on further applications by the applicant for this bargaining unit was imposed.

International Union of Operating Engineers Local 772 v. Brookfield Lepage Johnson Controls Facility Management Services Ltd., 2000 CanLII 2946

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 6, 2000

Ontario coat of arms

Ontario coat of arms

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent employees at Chateau Gardens Parkhill.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board directed that a certificate issue to the applicant.

The Board also defined the appropriate bargaining unit and cancelled previously set meeting and hearing dates.

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) v. Chateau Gardens Parkhill a Division of Chateau Nursing Homes Inc., 2000 CanLII 8304

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 6, 2000

Ontario coat of arms

Ontario coat of arms

Union certification granted after successful representation vote.

The applicant union applied for certification.

A representation vote was held, and more than 50% of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

The Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant.

Service Employees International Union, Local 204 v. JAV Residences Ltd., 2000 CanLII 8854

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 6, 2000

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Ontario coat of arms

Board denied request to reschedule hearing, directing written submissions on certification and spoiled ballots.

In an application for certification, the employer requested that the Board reschedule a hearing.

The Board found no necessity for a hearing as the facts were not in dispute, specifically regarding whether spoiled ballots should be considered as 'ballots cast'.

Noting previous jurisprudence that spoiled ballots are not considered 'ballots cast', the Board directed the responding party to file written submissions as to why the applicant should not be certified, with the applicant given an opportunity to reply.

International Union of Operating Engineers, Local 772 v. Brookfield Lepage Johnson Controls Facility Management Services Ltd., 2000 CanLII 7527

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 6, 2000

Ontario coat of arms

Ontario coat of arms

Request to be added as a party denied because a decision had already been rendered.

The City of Kawartha Lakes requested to be made a party to an application for certification.

The Board denied the request because a vote had already been held and a decision rendered in the matter.

Canadian Union of Public Employees v. 564833 Ontario Inc., 2000 CanLII 6136

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 6, 2000

Ontario coat of arms

Ontario coat of arms

Union certified as bargaining agent following successful representation vote among cleaning and maintenance employees.

The applicant union applied for certification to represent cleaning and maintenance employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board certified the union as the bargaining agent for the agreed-upon bargaining unit.

Universal Workers Union, Labourers’ International Union of North America Local 183 v. Hurley Corporation, 2000 CanLII 7285

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

OLRB0 cases1986–2001

J. A. Rundle

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

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Ontario coat of arms

Application withdrawn with leave of the Board.

The applicant sought to withdraw its application against the responding party.

The Ontario Labour Relations Board granted leave to withdraw the application.

Sarnia Construction Associates v. CH Industries Ltd., 2000 CanLII 1885

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

OLRB0 cases1986–2001

J. A. Rundle

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

Application withdrawn with leave of the Board.

The applicant, The Corporation of the Municipality of Campbellford/Seymour, sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave and the application was withdrawn.

The Corporation of the Municipality of Campbellford/Seymour v. Local 636 of the International Brotherhood of Electrical Workers, AFL-CIO-CFL (Campbellford Unit), 2000 CanLII 4709

Timothy W. Sargeant

OLRB0 cases1997–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding parties.

The Ontario Labour Relations Board granted leave to withdraw the application.

International Brotherhood of Electrical Workers, Local 636 v. The Public Utilities Commission of the Corporation of the Municipality of Campbellford/Seymour, 2000 CanLII 4862

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

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

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Ontario Labour Relations Board consented to the adjournment, noting that the matter would be deemed terminated if neither party requested to proceed within that time.

Hospitality & Service Trades Union, Local 261 v. National Press Club Canada, 2000 CanLII 4089

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding parties.

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

Industrial Wood & Allied Workers of Canada v. Marona Kitchens Mfg. Inc., 2000 CanLII 8350

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application against the responding party employer.

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

Canadian Union of Public Employees v. Delta Chi’s – Cosmopolitan Kids Inc., 2000 CanLII 3129

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

Board issues consent order amending bargaining units pursuant to Minutes of Settlement.

The applicant union brought an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995 against the responding employers.

Pursuant to Minutes of Settlement, the Board issued a consent order amending the bargaining units in the collective agreements for both employers to clarify the scope of the union's exclusive bargaining rights.

United Food and Commercial Workers International Union, Local 333 v. Hargrave Security International Inc. and Group 4 Securitas (Canada) Ltd., 2000 CanLII 4331

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

Application withdrawn with leave of the Board.

The applicant sought to withdraw his application against the responding party union.

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

David Stratton v. CAW Local 456, 2000 CanLII 4241

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

Application terminated by the Board following notification of settlement between the parties.

The applicant brought an application against the responding party union, with the employer intervening.

Counsel for the responding party notified the Ontario Labour Relations Board that the matter had settled.

Consequently, the Board ordered the matter terminated.

Gregory Potter v. IWA – Canada, Local 500, 2000 CanLII 1935

Timothy W. Sargeant

OLRB0 cases1997–2001

J. A. Rundle

OLRB0 cases1986–2001

D. A. Patterson

OLRB0 cases1986–2001

OLRBOntario Labour Relations BoardDec 5, 2000

Ontario coat of arms

Ontario coat of arms

Application withdrawn with leave of the Board.

The applicant union sought to withdraw its application before the Ontario Labour Relations Board.

The Board granted leave to withdraw the application.

Industrial Wood & Allied Workers of Canada v. Marona Kitchens Mfg. Inc., 2000 CanLII 8849

for AAS Telecommunications Services Ltd.

Norm RhoraAgent
1 appearance

for Active Answering Services

David IveyCounsel
1 appearance

for Amalgamated Transit Union, Local 113

Heather AldenCounsel
1 appearance
Henry UrbanCounsel
1 appearance
Mike BraganCounsel
1 appearance

for CAW Local 252

Catherine GilbertCounsel
1 appearance
Kim BirminghamUnion representative
1 appearance
Muneshwar DeopaulUnion representative
1 appearance
Sukvinder JohlUnion representative
1 appearance

for Communications Energy & Paperworkers Union of Canada

Sean FitzpatrickUnion representative
1 appearance

for CUPE Local 2357

Risa PancerCounsel
1 appearance

for Francis Naraine

Francis NaraineSelf-represented
1 appearance

for Grey Bruce Health Services

Jennifer KierinkiewiezCounsel
1 appearance
Robert HickmanCounsel
1 appearance

for Local 109 the Intervenor

Brian PorterCounsel
1 appearance
Dennis BertrandCounsel
1 appearance
Stan LukeCounsel
1 appearance
Stephen SatchelCounsel
1 appearance

for London & District Service Workers Union, Local 220

Jim RenaudUnion representative
1 appearance

for Northern Ontario Joint Council of the Retail Wholesales and Department Store Union District Counsel of the United Food and Commercial Workers International Union

Bernard FishbeinCounsel
1 appearance
Jim WrightCounsel
1 appearance
Robin McArthurCounsel
1 appearance

for Ontario Nurses' Association

Gail SaxCounsel
1 appearance

for Ontario Public Services Employees' Union

David WrightCounsel
1 appearance
Terry MooreCounsel
1 appearance

for Ottawa-Carleton Catholic District School Board

John ReadCounsel
1 appearance

for Rogers Cantel Paging Inc.

Alison E. RentonCounsel
1 appearance

for SCEU Local 272

Frederica WilsonCounsel
1 appearance

for SERCA Food Service Inc.

Bob WuestCounsel
1 appearance
F. G. HamiltonCounsel
1 appearance
Hugh SecordCounsel
1 appearance
Julie WoodCounsel
1 appearance

for Teamsters Local Union No. 419

Tom FraserCounsel
1 appearance
Marisa PollockCounsel
1 appearance

for Terex Bartell Limited

Stewart SaxeCounsel
1 appearance
Margaret McCluckieCounsel
1 appearance

for the Amicus Curiae

Rodney G. WalshCounsel
1 appearance

for the applicant

Robert JutrasAgent
2 appearances
Peter J. ThorupCounsel
2 appearances
David DooreyCounsel
2 appearances
Linda MorganAgent
2 appearances
Brando ParisUnion representative
1 appearance
Bruno IannacitoCounsel
1 appearance
Craig LewisCounsel
1 appearance
Daina GroskaufmanisCounsel
1 appearance
Daniel CondonCounsel
1 appearance
Danielle HenzelSelf-represented
1 appearance
Darlene LatoskiSelf-represented
1 appearance
Dave LuthaUnion representative
1 appearance
David BloomCounsel
1 appearance
David WestAgent
1 appearance
Ed BosveldCounsel
1 appearance
E. J. Ted BrindellAgent
1 appearance
Elaine VassalloSelf-represented
1 appearance
Eva KissSelf-represented
1 appearance
Fred TheobaldCounsel
1 appearance
Gabriella TatangeloSelf-represented
1 appearance

for the Applicant

David Campbell JohnsonSelf-represented
1 appearance

for the applicant Rick Wazid

Sandra HinksmanCounsel
1 appearance

for the applicants

Alan MonfortonCounsel
1 appearance
Allan SimonCounsel
1 appearance
Al LeeCounsel
1 appearance
Armand LamondayCounsel
1 appearance
Charles MilsonSelf-represented
1 appearance
Doug MaySelf-represented
1 appearance
Hugh MillsCounsel
1 appearance
Keith McConnellCounsel
1 appearance
Marie BennardoSelf-represented
1 appearance
Marish RowanCounsel
1 appearance
Michael Wade AndersonSelf-represented
1 appearance
Richard AndersonSelf-represented
1 appearance
Seema LamnaCounsel
1 appearance
Tom FraserCounsel
1 appearance

for the applicant United Steelworkers of America

James HayesCounsel
1 appearance

for the Canadian Union of Public Employees, Local 5167

Gus OliveiraCounsel
1 appearance
Michael StokesCounsel
1 appearance
Nick MilanovicCounsel
1 appearance

for the claimant

Maeve RandallAgent
1 appearance
Robert CombeSelf-represented
1 appearance

for the Employee

Cecil NormanAgent
1 appearance

for the employer

Michael HoranCounsel
2 appearances
Zhou Hong, XiaAgent
1 appearance

for the Hamilton Housing Corporation and the Corporation of The City of Hamilton

Leslie A. LerouxCounsel
1 appearance
Mike KearnyCounsel
1 appearance

for the individual applicants

Alan MonfortonCounsel
1 appearance
Allan SimonCounsel
1 appearance
Al LeeCounsel
1 appearance
Armand LamondayCounsel
1 appearance
Hugh MillsCounsel
1 appearance
Keith McConnellCounsel
1 appearance
Seema LammaCounsel
1 appearance

for the intervenor

Anne CummingUnion representative
1 appearance
Carl PetersonCounsel
1 appearance
Dan HaffeyCounsel
1 appearance
Dan RobichaudCounsel
1 appearance
Dirk Van de KamerCounsel
1 appearance
Dolores M. BarbiniCounsel
1 appearance
Elizabeth KosmidisAgent
1 appearance
Janice CarneyAgent
1 appearance
J. Cameron NolanCounsel
1 appearance
John SaundersCounsel
1 appearance
Keith BillingsCounsel
1 appearance
Kim FarringtonCounsel
1 appearance
Landon YoungCounsel
1 appearance
Lith MartellCounsel
1 appearance
Lith MartellAgent
1 appearance
Marvin KalchmanAgent
1 appearance
Melissa J. KronickCounsel
1 appearance
Mitch GrossmanCounsel
1 appearance
Peter F. ChauvinCounsel
1 appearance
Spiros BostasCounsel
1 appearance

for the Intervenor

Ken BeckerCounsel
1 appearance
Martin AddarioCounsel
1 appearance
Samara B. KaplanCounsel
1 appearance
Leslee WillsCounsel
1 appearance

for the Ministry of Labour

Frank CamilleriAgent
4 appearances
Laurie EisenbergCounsel
3 appearances
Karima ChaturCounsel
3 appearances
Murray KleinCounsel
2 appearances
Jeremy WarningCounsel
2 appearances
Robert SindingCounsel
1 appearance
Brian BlumenthalCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
Heidi Ann Lazar-MeynCounsel
1 appearance
Heidi Ann Lazar-MeynAgent
1 appearance
Karima ChaturAgent
1 appearance

for themselves

Robert FrangosSelf-represented
1 appearance
Sergio NoblioneSelf-represented
1 appearance

for the Ontario Public Service Employees Union

Tim HanniganCounsel
1 appearance
Mike GallizziCounsel
1 appearance
Richard BlairCounsel
1 appearance
Cliff DeQuettvilleCounsel
1 appearance
Diane NicholCounsel
1 appearance
Eileen WesleyCounsel
1 appearance
Kevin JohnstonCounsel
1 appearance

for the responding parties

Norm GuenetteSelf-represented
1 appearance
Richard LumleyAgent
1 appearance
Richard PotuinAgent
1 appearance
Garry BergeronCounsel
1 appearance
Harold F. CaleyCounsel
1 appearance

for the responding party

Jeffrey AndrewCounsel
2 appearances
Andrea BowkerCounsel
2 appearances
Malvinder S. KhatraAgent
2 appearances
Gregory McGinnisCounsel
2 appearances
Daniel J. ShieldsCounsel
1 appearance
David BrennanCounsel
1 appearance
David McKeeCounsel
1 appearance
David RitchieCounsel
1 appearance
David TremblayUnion representative
1 appearance
D. J. ShieldsCounsel
1 appearance
D. WrayCounsel
1 appearance
Elaine SchwartzAgent
1 appearance
F G. HamiltonCounsel
1 appearance
F. G. HamiltonCounsel
1 appearance
Frank McAnallyUnion representative
1 appearance
Fred BondCounsel
1 appearance
Gary KingCounsel
1 appearance
Gary ReynewCounsel
1 appearance
George CarereCounsel
1 appearance
Gerald CrannAgent
1 appearance

for the Responding Party

Foon Ho LeeAgent
1 appearance
Ming DengAgent
1 appearance
Qun Xi DengAgent
1 appearance
Sue LeeAgent
1 appearance

for the responding party union

Nini JonesCounsel
1 appearance
Sean FloydCounsel
1 appearance

for the responding trade union

Brian ShularCounsel
1 appearance
Gail McCormickCounsel
1 appearance
Guy HavellCounsel
1 appearance
Jeff AndrewCounsel
1 appearance
Joleen NicholCounsel
1 appearance

for the union

Paula TurtleCounsel
1 appearance

for the Union

Paula TurtleCounsel
1 appearance

for UFCW International

Brian NoonanCounsel
1 appearance
Doug ClemmensenCounsel
1 appearance
John R. EvanCounsel
1 appearance

for UFCW Local 393W

Carlos GarciaUnion representative
1 appearance
Frank StirpeUnion representative
1 appearance
Tony DeBartolomeoUnion representative
1 appearance

690

Decisions

5

Years active

1

Tribunals

11.9

cases/mo

OLRB690(100%)

Decision types

motion

557

trial

101

appeal

32

Page 10 of 35 (690 cases)