Court File and Parties
0512-00-R; 0665-00-U Labourers International Union of North America, Local 527, Applicant v. Thomas Fuller Construction Co. Limited, Thomas Fuller Construction Co. (1958) Limited, 494545 Ontario Inc., Fullercon Limited, Thomas G. Fuller & Sons Ltd., Responding Parties.
2428-99-R Labourers International Union of North America, Local 527, Applicant v. Thomas Fuller Construction Co. (1958) Limited, Thomas Fuller Construction Co. Limited, 494545 Ontario Inc., Responding Parties v. The Ottawa Construction Association, Intervenor.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; August 2, 2000
Decision
1The Board is in receipt of the correspondence from counsel with respect to scheduling of these matters dated July 31, 2000 and August 1, 2000.
2The reasons given for the request for an adjournment of the hearing dates for Board File Nos. 2428-99-R and 0665-00-U, while sympathetic on a personal level, are not grounds for granting an adjournment of a hearing set in May. The dates were not on consent, but no objection to them was taken at the time. This request is declined.
3It is also apparent that the issues in the application for certification in Board File No. 0512-00-R are inseparable from those in the other two applications. It makes good use of the Board’s resources and the parties’ time to hear the cases together. While the time from the completion of pleadings (August 11, 2000) to the first day set for hearing (August 15, 2000) is short, it is not apparent on the face of the file that there will be any of the difficulties contemplated by counsel for the responding parties. He argues that the proceedings will take longer than two days to complete in any event. The panel hearing this matter will be in a better position than this panel to decide what accommodation, if any, will have to be made to ensure procedural fairness to the responding parties. The prejudice of delay to the applicant in granting the adjournment is unavoidable. Any prejudice to the responding parties can be dealt with by the panel hearing these matters.
4Accordingly, all three of these applications, along with Board File Nos. 2429-99-U and 3426-98-G are set for hearing on August 15 and 16, 2000, at the “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario for the purpose of hearing all the evidence of the submissions of the parties with respect to all matters in all of the applications.
“David A. McKee”
for the Board