Pay equity hearings tribunal
0747-03 Brain Injury Services of Hamilton, Applicant v. Carol Fesuk, Respondent
Before: Mary Ellen Cummings, Vice-Chair; Diane Stewart-Rose and Pauline R. Seville, Members
Cite as: Brain Injury Services of Hamilton (No.2) (March 12, 2003), 0747-03 (P.E.H.T.)
DECISION OF THE TRIBUNAL, MARCH 12, 2003
In a decision dated February 20, 2003, the Tribunal directed the Applicant to amend its Application in order to conform to Rule 12(d) of the Tribunal’s Rules of Practice. The panel also expressed some doubt about whether the Application, as presently drafted, pleaded a prima facie case. The panel set a deadline of March 14, 2003 for serving and filing the amended Application.
By letter dated March 6, 2003, newly retained counsel for the Applicant wrote to the Tribunal requesting an extension of at least two weeks, on the basis of the recent retainer and the complexity of the application.
The Respondent’s representative wrote that it could appreciate that a short extension would be required to familiarize new counsel, but thought the amended Application should be served and filed by no later than March 21, 2003.
The Tribunal grants an extension to the Applicant to serve and file its amended Application by no later than March 21, 2003. We agree that new counsel does need an opportunity to familiarize herself with the file. However, we are concerned that the matter not be significantly delayed, and note that since the Applicant is in control of the process, at least at the outset, the Tribunal could reasonably expect an Applicant to have turned its mind to the issues it seeks to review before making the initial Application.
To summarize, the amended Application must be served and filed by March 21, 2003. Any amended Response must be served and filed by April 4, 2003 and any Reply served and filed by April 11, 2003.
Dated at Toronto, Ontario this 12^th^ day of March 2003.
Mary Ellen Cummings, Chair
Diane Stewart-Rose, Member
Pauline R. Seville, Member