3880-00-ES North American Lumber Limited, Applicant v. Guy Brown and Vicky Cummings, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 46069
BEFORE: Caroline Rowan, Vice‑Chair.
DECISION OF THE BOARD; November 9, 2001
The Board is in receipt of correspondence dated October 24, 2001 and November 6, 2001 from counsel for the applicant requesting an adjournment of the hearing of this matter scheduled for November 14, 2001.
Counsel’s letter of October 24, 2001 indicates that the Crown has requested that no information pertaining to the events giving rise to the criminal charges against the claimants herein, Guy Brown and Vicky Cummings, be released so as not to prejudice the Crown’s case in the criminal proceedings scheduled to commence on November 16, 2001.
Counsel’s letter further states that there are hundreds of documents in the possession of the Thunder Bay Police collected from the Company and its employees and that an adjournment is required in order to permit the proper preparation of the applicant’s case, including locating the necessary documentary evidence which is at this time in the hands of the Thunder Bay Police and the office of the Crown Attorney.
The Ministry of Labour has indicated its consent to adjourn this matter sine die. The claimants, Vicky Cummings and Guy Brown, have not provided any comment on the applicant’s request for an adjournment contained in counsel’s correspondence despite the Registrar’s request for comments, if any, by November 8, 2001.
Having regard to the request for an adjournment, and the reason for it, the Board adjourns the hearing scheduled for November 14, 2001 in all of the circumstances. The Board further hereby consents to adjourn this application sine die for a period not exceeding one year. Unless within that time any party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
“Caroline Rowan”
for the Board