CITATION: Labourers’ International Union of North America, Local 1059 v. EAN Construction, 2018 ONSC 794
DIVISIONAL COURT FILE NO.: 625/17 DATE: 2018 02 01
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
WILTON-SIEGEL, MYERS and CHARNEY JJ.
BETWEEN:
LABOURERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1069
Charles Sinclair, for the Applicant
Applicant
– and –
EAN CONSTRUCTION, EDWIN NAVES, PHILIP A. REID, POL-CON
CONSTRUCTION and PAWEL NOWICKI
No one appeared for the Respondents
Respondents
HEARD at Toronto: February 1, 2018
WILTON-SIEGEL J. (Orally)
[1] In this application, the applicant seeks an order that the respondent, Philip A. Reid, is in contempt of the Ontario Labour Relations Board for failure to comply with an order of the Board that he produce a considerable amount of documentation pertinent to a matter before the Board. To date, Mr. Reid has failed to respond to the order of the Board and he does not appear before the Divisional Court this morning.
[2] Rule 60.11(2) of the Rules of Civil Procedure requires that a notice of motion for a contempt order shall be served personally. In our view, while this application has been commenced under Rule 14, notice of this application should nevertheless have been served personally on Mr. Reid as this is quasi-criminal proceeding.
[3] Accordingly, in our view, this matter should be adjourned until March 6, 2018 to permit personal service on Mr. Reid. In the interim, Mr. Reid would be well advised to obtain legal advice regarding his position. He should also consider whether he is in a position, whether by affidavit or otherwise, to offer an explanation for his non-compliance with the Board order and an indication of whether he has, in fact, any of the documentation sought in that order.
[4] Mr. Reid should be aware that this is a very serious matter which could result in a fine or imprisonment in the event that he is found to be in contempt of the Board order.
[5] The applicant is required to serve a copy of these Reasons for the adjournment on Mr. Reid together with the application materials.
[6] I have endorsed the Application Record as follows: “This application is adjourned to March 6, 2018 (1 ½ hrs.) for oral reasons delivered today. Costs reserved for the Court hearing the application.”
___________________________ WILTON-SIEGEL J.
I agree
MYERS J.
I agree
CHARNEY J.
Date of Reasons for Judgment: February 1, 2018
Date of Release: February 2, 2018
CITATION: Labourers’ International Union of North America, Local 1059 v. EAN Construction, 2018 ONSC 794
DIVISIONAL COURT FILE NO.: 625/17 DATE: 2018 02 01
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
WILTON-SIEGEL, MYERS and CHARNEY JJ.
BETWEEN:
LABOURERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1069
Applicant
– and –
EAN CONSTRUCTION, EDWIN NAVES, PHILIP A. REID, POL-CON
CONSTRUCTION and PAWEL NOWICKI
Respondents
ORAL REASONS FOR JUDGMENT
WILTON-SIEGEL J.
Date of Reasons for Judgment: February 1, 2018
Date of Release: February 2, 2018