Pay Equity Commission v. 2059419 Ontario Inc., 2010 CanLII 56593

1This is an application under section 24(5) of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”) for enforcement of a Review Officer Order dated March 27, 2008 and varied by the Tribunal (differently constituted) in a decision dated September 23, 2009 in File No. 2256-08-PE.

2The responding party (“the Employer”) has never filed a response in this matter, but did attend a hearing before a different panel of the Tribunal on March 18, 2010. By decision of that same date, the Tribunal adjourned this matter sine die until October 1, 2010, unless any party asked that it proceed prior to that date.

3By letter dated July 29, 2010, the applicant has requested that the Tribunal proceed with this matter, and deal with it in writing. The applicant further asserts that the Employer acknowledged at the hearing on March 18, 2010 that it had not complied with the Order, and committed to taking steps to do so, but which it has failed to execute.

4Pursuant to section 24(5.3) of the Act, the Employer bears the onus of establishing that it has complied with the Order.

5The Employer is directed to deliver and file written submissions by no later than October 8, 2010, setting out why, in the absence of its having filed a response to the original application, nor any correspondence in reply to the applicant’s July 29, 2010 request that this matter proceed, we should not issue a decision finding it has not complied with the Order and directing it to pay to Beverly Pottle by no later than October 15, 2010 the sum of $5268.35 and interest accruing thereon from March 27, 2008 calculated in accordance with the Courts of Justice Act.