Ontario Public Service Employees Union v. Canadian Red Cross Society
0923-99-U Ontario Public Service Employees Union, Applicant v. Canadian Red Cross Society and the Crown in Right of Ontario (Ministry of Health), Responding Parties.
0924-99-R Ontario Public Service Employees Union, Applicant v. Canadian Red Cross Society, Responding Party v. Service Employees Union, Local 478, Intervenor #1 v. Huntsville District Memorial Hospital (Algonquin Health Services), Intervenor #2.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; September 29, 2000
Decision
In its decision of September 2, 1999, the Board adjourned these matters sine die for a period of one year, and directed that if any party wished the Board to proceed with these matters after February 25, 2000, the party must notify the Board within one year, otherwise the applications would be deemed terminated.
By correspondence dated August 29, 2000, counsel for the applicant requested the Board deal with these matters. Counsel for the Canadian Red Cross Society (“the Red Cross”) wrote to the Board on August 30, 2000 advising that the stay of proceeding ordered by the Ontario Court (General Division), upon which the adjournment of these matters was based, had been extended to October 31, 2000. A copy of the Court order was enclosed. Counsel for the Red Cross submits that these applications cannot be scheduled for hearing until the stay of proceedings is finally lifted by the Court. Counsel for The Crown in Right of Ontario and counsel for the Service Employees Union, Local 478 agree with counsel for the Red Cross, and contend that there is no reason to vary the Board’s decision of September 2, 1999.
The Board agrees that these applications cannot be scheduled for hearing at this point. However, in order to preserve the right of the applicant to have these matters dealt with by the Board if and when the stay of proceedings is no longer in effect, it is advisable to extend the adjournment of the applications.
These applications are hereby adjourned sine die for a period of one year. If following October 31, 2000 there is no further extension of the stay of proceedings, any party may then request that the Board deal with the applications. If, on the other hand, the stay of proceedings is further extended beyond the period of the adjournment herein ordered, any party may apply to the Board for a further period of adjournment. If, within one year, the Board receives no request from any party for a further adjournment or to proceed with these matters, the applications shall be deemed terminated without any further notice to the parties.
“Patrick Kelly”
for the Board