Court File and Parties

CITATION: International Union of Operating Engineers, Local 793 v. Canadian Professional Crane Inc., 2023 ONSC 4491

DIVISIONAL COURT FILE NO.: 276/23

DATE: 2023-08-03

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: International Union of Operating Engineers, Local 793, Applicant

AND: Canadian Professional Crane Inc., A&A Crane Inc., Amcana Crane Rental Inc. and Aram Malek, Respondents

BEFORE: Matheson J.

COUNSEL: Mike Biliski, for the Applicant Aaron Harte, for the Ontario Labour Relations Board No one appearing for the Respondents

HEARD: Case management teleconference on August 2, 2023

Endorsement

[1] The applicant has put forward a stated case from the Ontario Labour Relations Board (“OLRB”) under s. 13 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.

[2] I emphasize to the respondents that this is a very serious matter. The applicant seeks a finding of contempt and related penalties against them.

[3] The OLRB stated the case on November 10, 2020, more than two years ago. The applicant submits that due to inadvertence it was not put forward at that time, that little has occurred since then, that the respondents have still failed to comply, and that the related OLRB application is still outstanding, having been adjourned by the OLRB sine die (indefinitely). It can therefore continue.

[4] The applicant served the respondents with the application and case conference directions in this Court in a variety of ways, but that service has not resulted in anyone attending at the case management teleconference on August 2, 2023. I am therefore requiring that the applicant take the following steps to serve this endorsement on the respondents (appending the notice of application to the endorsement):

(i) for the corporate respondents, the applicant shall do a corporate search to ascertain the current address for the corporation and the listed directors of each of them;

(ii) the applicant shall then serve the corporations by (1) regular mail; (2) personal service under r. 62.02(1)(c); (3) and personal service on all named directors under r. 62.02(1)(a);

(iii) the applicant shall serve the personal respondent by personal service under r. 62.02(1)(a); and,

(iv) the applicant shall send the endorsement to the any email addresses that it has for the respondents.

[5] The applicant shall then request another case conference and provide affidavit(s) of service setting out the steps taken, any email addresses, and any response received from any of the respondents.

[6] The respondents shall promptly email this Court, noting the above Court File Number, and provide their email addresses for use by the Court in future communications. The corporate respondents are also reminded of the obligation to retain counsel or seek leave of the Court to proceed without counsel.

[7] At the next case conference, the following issues shall be discussed:

(i) the impact of the delay since 2020, and whether the applicant ought to go back to the OLRB and ask again for an updated stated case based on the current status of the matter before the OLRB; and,

(ii) the schedule for the application, if needed.

[8] Prior to the case conference, the OLRB indicated an intention not to appear on this application. I require that the OLRB appear, given the unusual circumstances that are now before the Court.

Matheson J.

Released: August 3, 2023