GSB#2019-1828

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (Komatich)

Association

• and –

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Owen V. Gray

Arbitrator

FOR THE ASSOCIATION

Marisa Pollock Goldblatt Partners LLP Counsel

FOR THE EMPLOYER FOR THE FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO

Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel

Craig Rix Hicks Morley Hamilton Stewart Storie LLP Counsel

HEARING

January 8, 2021 (by teleconference)

Decision

1The parties are in dispute about Minutes of Settlement on which they agreed “in principle” on May 28, 2020, but have not yet signed. The nature of the dispute was explained to me in a teleconference on January 8, 2021. Counsel agreed that there be an order for exchange “pleadings and productions” prior to a hearing on the merits with respect to the dispute, and to a timetable on which those would be delivered.

2The Association shall set out in writing a statement of the relief it says should be granted, and all the allegations of fact on which it relies in support of the claim to that relief. It shall also deliver copies of all documents in its possession, custody or power, or in the possession, custody or power of the complainant, that are relevant to the issues of fact raised in its statement, other than documents in a Book of Documents it delivered in this matter on January 7, 2021. The Association shall deliver its statement and documents on or before February 1, 2021.

3Thereafter, the Employer shall deliver a written statement of the relief it says should be granted, and identifying the allegations in the Association’s statement with which it agrees and those with which it disagrees. Its statement shall set out all allegations of fact on which it relies in response to the Association allegations which it disagrees, as well as all allegations of fact on which it relies with respect to its own claims concerning matters not addressed in the Association’s statement. The Employer shall also deliver copies of all documents in its possession, custody or power that are relevant to any issues of fact raised in its statement or the Association’s aforesaid statement, other than documents delivered as aforesaid. The Employer shall deliver its statement and documents on or before February 26, 2021.

4Thereafter, the Association shall deliver a written reply statement with respect to any issues first raised in the Employer’s aforesaid statement, identifying the Employer allegations about those issues with which it agrees and those with which it disagrees, and setting out all allegations of fact (other than allegations already made in its initial statement) on which it relies with respect to the issues first raised in the Employer’s statement. The Association shall also deliver copies of any documents in its possession, custody or power, or in the possession, custody or power of the complainant, that are relevant to issues first raised in the Employer’s statement and have not been previously delivered as aforesaid. The Association shall deliver its reply statement and additional documents (if any) on or before March 22, 2021.

5The parties’ statements of alleged fact need not and should not recite the evidence to which there would be resort to prove them, nor should the statements include conclusory statements unaccompanied by the allegations of fact on which they are based.

6At the hearing of the dispute defined by the aforesaid statements neither party will be permitted to adduce evidence not relevant to an allegation of fact set out in one of the aforesaid statements, nor to introduce a document not delivered as aforesaid, without leave of the Arbitrator.