Peter A. Dyer v. General Motors of Canada Ltd.
Before: Marilyn Silverman, Vice-Chair.
Decision of the Board: September 6, 2001
1This is an application filed under section 50 of the Occupational Health and Safety Act, R.S.O. 1990, c.O-1 as amended (the "Act"). It was filed on November 23, 2000.
2The responding party (the "employer") requests that the application be dismissed on the basis of delay, res judicata and abuse of process.
3The allegations upon which the application is based occurred in 1991 and was corroborated in the applicant's view in 1994. In 1997 the Board (differently constituted) in Board File Number 2748-94-OH terminated another application between these parties which the employer contends was based on these same facts.
4Having regard to these circumstances, the applicant shall advise the Board within five (5) days of the date of this decision if it disputes the employer's facts specifically, in respect of (a) the dates provided in paragraph 3 above and (b) the fact that the earlier Board file relied on the same allegations as the present application. In the event that there is dispute about either of those matters the applicant should so advise. In the event that there is not or if no submissions are received within the time frame, this application will be terminated. In the event that a dispute on these facts does exist the Board will consider how next to proceed.
5I remain seized to deal with the submissions received. In the absence of submissions this matter shall be deemed terminated.
"Marilyn Silverman"
for the Board