3 total
Conditional sentence denied for major breach-of-trust lottery theft.
Sentencing decision following appellate substitution of a conviction for theft over $5000 arising from a lottery retailer scheme involving the theft of a winning $12.5 million ticket.
The court held that denunciation, general deterrence, breach of trust, and the massive scale of the theft were dominant sentencing considerations, while also recognizing the offender’s first-offender status, good character, collateral consequences, and strong prospects for community supervision.
A conditional sentence remained legally available because of the offence date, but was refused as inconsistent with parity, denunciation, and the previously upheld custodial sentence on a related theft conviction.
The court imposed a fit sentence of two years’ imprisonment, reduced by ten months already imposed, for a net consecutive sentence of fourteen months.
Reconsideration of decision denying intervenor status to pay equity consultant dismissed.
Peat Marwick requested a reconsideration of the Tribunal's decision denying it intervenor status in a pay equity dispute between the Ontario Nurses' Association and Women's College Hospital.
The Tribunal held that its discretion to reconsider decisions under s. 30(2) of the Pay Equity Act should only be exercised in compelling and extraordinary circumstances to preserve the finality of decisions.
Finding no new evidence, change in circumstances, or error of law, the majority dismissed the request.
One member dissented, finding that the consolidation of multiple similar applications constituted a sufficient change in circumstances to warrant reconsideration.
Tribunal denies intervenor status to job evaluation system creator in pay equity dispute.
The Ontario Nurses' Association and Women's College Hospital filed cross-applications regarding the negotiation of a pay equity plan and the gender neutrality of the proposed job evaluation system.
Stevenson, Kellogg, Ernst & Whinney (SKEW), the creator of the job evaluation system, sought intervenor status, arguing its commercial interests and reputation could be adversely affected.
The Pay Equity Hearings Tribunal denied the intervention, finding that SKEW's interest was merely commercial and incidental to the main issue between the employer and the union.
The Tribunal also confirmed its jurisdiction to hear the complaints.
