Ontario Nurses’ Association v. West Park Hospital and Extendicare Inc.
File No.: 2967-99-R Date: March 28, 2000
Before: John Morgan Lewis, Vice-Chair
DECISION OF THE BOARD
1The Board is in receipt of an application under section 69 and subsection 1(4) of the Labour Relations Act, 1995 (the “Act”) which was filed on January 5, 2000. The Board is also in receipt of response filed by each of the responding parties to this application.
2In its reply dated January 19, 2000, counsel for West Park Hospital (“Hospital”) raises two preliminary objections to the application. The first objection pertains to paragraph 12 of the application which is set out as follows:
There are plans to demolish the Prittie Building. It is anticipated that a new building will be building will be built on the Prittie site in order to provide 200 long-term care beds (10 pods of 20 beds). Extendicare Inc. will lease this space or provide management of the operations for a period of 20 years.
3Counsel for the Hospital objects to paragraph 12 on the basis that it is premature and concerns future matters. The Hospital requests that any portion of the application dealing with the planned permanent facility be dismissed pursuant to Rule 46 of the Board’s Rules of Procedure. Alternatively, the Hospital submits that it should not be required to disclose any facts or documents with respect to the allegations contained in paragraph 12 of the application until such time as the Board determines its preliminary objection.
4The Hospital’s second preliminary objection is with respect to the allegations contained in the application that the Hospital is in breach of section 70 of the Act. The Hospital requests the Board to dismiss the applicant’s request for a declaration pursuant to section 70 as the applicant has failed to plead sufficient particulars in relation to said allegation.
5Upon reviewing the submissions of the parties, the Board directs that the preliminary objections be dealt with on the first day of hearing by the panel assigned to hear this application. The Hospital is not required to disclose any facts or documents in regard to the allegations contained in paragraph 12 of the application until such time as the Board determines the preliminary objections.
6This panel of the Board is not seized with this matter.
“John Morgan Lewis”
for the Board