PAY EQUITY HEARINGS TRIBUNAL
0747-03 Brain Injury Services of Hamilton, Applicant v. Carol Fesuk, Respondent
Before: Patricia E. DeGuire, Vice-Chair; Margaret Kvetan and Pauline R. Seville, Members.
Cite as: Brain Injury Services of Hamilton (February 20, 2003), 0747-03 (P.E.H.T.)
DECISION OF THE TRIBUNAL February 20, 2003
The Tribunal has reviewed Brain Injury Services of Hamilton’s Application under date of January 17, 2003. The Tribunal doubts that the Application has pled a prima facie or arguable case. Specifically, on its face, the Application does not conform to the Pay Equity Hearings Tribunal’s (“Tribunal”) Rules of Practice, Rule 12(d).
Rule 12(d) states that a completed Application must
in consecutively numbered paragraphs set out the issues in dispute, the reasons for making the Application, identify the sections of the Act which relate to the Application, and provide a clear and concise statement of the facts and events upon which the Applicant relies;
The Tribunal directs the Applicant to prepare an Application that conforms to the above rule, file and serve it no later than March 14, 2003. This date is peremptory to the Applicant. Failure to comply with the Tribunal’s direction may result in the Tribunal dismissing the Application on the basis that it fails to state a prima facie case: (see Regesh Family & Child Services (Pay Equity Office) (July 8, 2002) 0739-02 (P.E.H.T.), unreported).
The Tribunal directs the Respondent to prepare, file and serve a Response consistent with Rules 16 to 20 by March 25, 2003. Any party wishing to make a Reply must conform to Rules 21 and 22 by March 31, 2003. Further, the Tribunal directs that all parties must serve copies of all correspondence and documents according to the Service and Filing rules.
Dated at Toronto, Ontario this 20th day of February 2003.
Patricia E. DeGuire, Vice-Chair
Margaret Kvetan, Member
Pauline R. Seville, Member