Wayne Morton v. BBS Building Services Inc.
1405-00-OH Wayne Morton, Applicant v. BBS Building Services Inc., Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
APPEARANCES: D. Conn and Wayne Morton for the applicant; M.E. Geiger, Peter Biasutto and Soshana Sandberg for BBS Building Services Inc.
DECISION OF THE BOARD; July 27, 2001
1This is a complaint filed pursuant to the provisions of section 50 of the Occupational Health and Safety Act, R.S.O. 1990, c. 0. 1, as amended (“the Act”).
2At the hearing of this matter on November 28, 2000, and more clearly at the hearing on July 26, 2001, it became clear that The Hudson Bay Company (“The Bay”) has an interest in this matter. The Bay should be given notice of this application, as a responding party, as set out herein.
3The Bay is on notice that certain of the allegations made in the application, if proved, could result in an adverse finding against The Bay and/or members of its management, including the possibility of liability.
4The Board issues the following directions:
a) The applicant will file an amended application with particulars of the allegations discussed at the hearing on July 26, 2001. The amended application will be filed by August 17, 2001. It must have sufficient particulars to enable the responding parties to understand, in respect of each of the applicant’s allegations: who was present, what was said and by whom, where the encounter occurred, and when.
b) By August 17, 2001, the applicant will serve a copy of the amended application on BBS Building Services Inc. (‘BBS’) and on The Bay to enable both of those parties to file responses to the amended application.
c) With the amended application, the applicant will provide The Bay with a copy of BBS’s existing response and with a copy of this decision.
d) The responding parties may file responses to the amended application by August 31, 2001. Should BBS file an amended response, that response will replace its existing response.
e) The matter will be re-scheduled for hearing. The evidence thus far presented will be expunged and the case will commence with the applicant’s evidence afresh.
5The matter is referred to the Registrar. I am seized.
“Christopher J. Albertyn”
for the Board