Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Sir Forming Limited, Crisan Forming Inc. and Italarm Construction Ltd.
1415-99-R Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Sir Forming Limited, Crisan Forming Inc. and Italarm Construction Ltd., Responding Parties.
1421-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Sir Forming Limited and Crisan Forming Inc., Responding Parties.
1422-99-G Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. Sir Forming Limited and Italarm Construction Ltd., Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair.
APPEARANCES: David Watson for the applicant; Erin Kuzz for Crisan Forming Inc., no one appearing on behalf of Sir Forming Limited and Italarm Construction Ltd.
DECISION OF THE BOARD; April 7, 2000
1Further to the Board’s decision of March 21, 2000 a hearing convened to deal with any outstanding issue regarding proper service and notice of this application on the responding parties and employees.
2I dealt first with the issue of service of the application in Board File No. 1415-99-R on Sir Forming Limited. (“Sir Forming”). I received documentation from the applicant which satisfies me that Sir Forming Ltd. has received notice of this application and/or has refused of its own accord to accept notice of the application.
3The issue of whether Sir Forming received notice was raised in August 1999 when the applicant received correspondence from Mr. Romeo DiBattista. His name and address was listed on the last corporate filing as the registered office address of the corporation. That report was filed with the application. The report also discloses that the registration of Sir Forming with the Companies Branch was cancelled on June 18, 1994. By letter dated August 17, 2000 to the Board, counsel for the applicant confirmed that the application had been delivered to Mr. George Silvestri at his home address, 53 Lancer Drive, Maple, Ontario. It was the position of the applicant that Mr. G. Silvestri was a key man or member of management of Sir Forming. A confirmation of delivery of that material to Mr. G. Silvestri’s home dated August 20, 1999 from Purolator services was filed with me. Also filed was a memo dated October 4, 1999 from George Silvestri to J. David Watson, counsel for the applicant. That memo states:
Re: Sir Forming LTD continuous documentation being received
Dear Mr. Watson/To whom it may concern
I have been receiving documentation from you since in and around two months now and have classed it return to sender, however letters are still being sent.
This letter is to advise you that the company that was once known as Sir Forming Ltd. is no longer operational and has not been since 1991. I George Silvestri was the sole owner and operator of Sir Forming Ltd. which operated out of 207 Edgely Blvd. Unit 28 up until 1991. Since then I have not owned or operated any company which you have in your records. Please do not send any further documentation to my residence in regards to these matters.
Note any documentation I receive after todays date will not be returned but disposed of.
THANK YOU
George Silvestri
4In addition the applicant provided me with a statutory declaration received from George Silvestri in which he confirms his role as principal in Sir Forming and that the company has been inactive since in or about 1991-92. The remaining portions of the declaration make it clear that George Silvestri is aware of the nature of the issue in Board File No. 1415-99-R concerning Sir Forming and its relationship, if any, with Crisan Forming Inc.
5On the basis of the material before me, I am satisfied that Sir Forming Limited has received notice of the application in Board File No. 1415-99-R through delivery to Mr. George Silvestri and that Mr. G. Silvestri has actual notice of the application, although he may well have refused to accept service of subsequent documents. Furthermore, I am satisfied that at the date of application and since that time, there were and have been, no employees employed by Sir Forming Limited and that therefore the requirement for posting in the workplace has been obviated.
6The applicant has also advised the Board that it seeks to withdraw the application as against Italarm Construction Ltd. as it has not been able to effect service at this time. This request is without prejudice to the applicant’s right to pursue its claim against that entity should circumstances change. The applications in Board File Nos. 1415-99-R and 1422-99-G are hereby withdrawn as against Italarm Construction Ltd. on this basis and with leave of the Board.
7There is an outstanding production order. Counsel for Crisan Forming Inc. and the applicant are to review any further outstanding issues and if necessary request that the Board deal with any remaining production issues well in advance of the next scheduled hearing dates.
8Crisan Forming Inc. has advised that it will be seeking particulars from the applicant. If dissatisfied with any response to that request, that matter will be raised with the Board prior to the hearing as well.
9Crisan Forming Inc. advised that its argument with respect to delay in the bringing of these applications is one that will likely go only to the exercise of the Board’s discretion following the hearing of the merits of Board File No. 1415-99-R.
10Mr. Victor Maone was properly served with a summons to witness to attend the hearing on March 29, 2000. He did attend. At that time I directed that he re-attend for the continuation of this hearing on September 26, 2000 and so on from day to day as required until released from the summons. This obligation requires that the applicant provide to Mr. Maone, in advance of that day, the appropriate conduct money for each and any further day of attendance.
11A copy of this decision is to be forwarded by the Registrar to each of Mr. Victor Maone at 8540 Keele Street, Unit #2, Concord, Ontario and to Mr. George Silvestri at 53 Lancer Drive, Maple, Ontario L6A 1C9.
12This matter is scheduled to continue on September 26, 27, and 28, 2000. The hearing will be held at the Ontario Labour Relations Board, “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario commencing each day at 9:30 a m. This panel is not seized.
“M. A. Nairn”
for the Board