1362-00-HS Pavestone Plus Inc., Appellant v. Joint Health & Safety Committee, Richard Den Bok, Inspector and Ministry of Labour, Responding Parties.
1973-00-HS Pavestone Plus Inc., Appellant v. Joint Health & Safety Committee, Richard Den Bok, Inspector and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; November 2, 2000
1These are two appeals filed with the Board under section 61 of the Occupational Health and Safety Act, R. S. O. 1990, c. O. 1. Board File No. 1362-00-HS is an appeal from the orders made by Inspector Richard Den Bok (the "Inspector") in Field Visit. No. 997618 dated July 28, 2000. Board File No. 1973-00-HS is an appeal from the order made by the Inspector in Field Visit No. 997634 dated September 7, 2000. The Board has scheduled the hearing of the appeal in Board File No. 1362-00-HS for December 19, 2000. The hearing of the appeal in Board File No. 1973-00-HS has not yet been scheduled.
2Counsel for the appellant, in her transmittal letter with the appeal in Board File No. 1973-00-HS advised that this appeal relates to an incident which occurred on July 28, 2000 at the appellant's premises. The appeal in Board File No. 1362-00-HS arises from that incident. Counsel indicated that she advised the Labour Relations Officer assigned to assist the parties in effecting a settlement in the appeal in Board File No. 1362-00-HS that both it and the later appeal in Board File No. 1973-00-HS should proceed before the Board at the same time.
3Counsel for the Ministry of Labour and the Inspector, by letter dated October 30, 2000 requests that these two matters be heard together. Thus it appears that both counsel for the appellant and counsel for the Ministry of Labour and the Inspector agree that these two matters should be heard together. Under the circumstances, the Board accepts their agreement.
4Counsel for the Ministry of Labour and the Inspector also requests that the hearing of these appeals be adjourned sine die because the Ministry is still conducting an investigation into the incident to which these appeals relate that resulted in a worker fatality. Counsel advises that a possible result of the investigation is that there may be charges under the Act. He submits that the Ministry does not want to proceed with these appeals until the investigation is complete and a determination is made as to whether there will be charges laid under the Act.
5Counsel for the appellant, by letter dated November 1, 2000 consented to the request for the adjournment sine die, but for different reasons.
6Having regard to the agreement of counsel for the appellant to the request made by counsel for the Ministry of Labour and the Inspector, the Board hereby adjourns these applications sine die. Unless a party requests that the Board proceed with these matters within one year from the date of this decision, they will be deemed terminated without any further notice to the parties. If such a request is made, both of these appeals will proceed before the Board together.
"Harry Freedman"
for the Board