Maitland Manor Health Care Centre v. Mattuci, 2011 CanLII 24550

Pay Equity Hearings Tribunal

File No.: 2783-09-PE Date: May 4, 2011

Between: Maitland Manor Health Care Centre, Applicant v. Rick Mattuci, Lori Stephens, Denise Lockie, Natalie Miltenburg, Amanda Beddow, Becky Jarvis, Angela Leggatt, Beth Sorensen, Crystal Agombar, Karen Eckenswiller, Joan McDougall, Respondents v. Pay Equity Office, Intervenor.

Before: Patrick Kelly, Vice-Chair, Paul LeMay and Pauline R. Seville, Members.

Decision of the Tribunal

1This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7 as amended ("the Act") with respect to an Order of Review Officer Tiziana Isgro ("the Officer").

2The applicant (or "the employer") seeks the rescission of the Order on a number of grounds, including abuse of process and delay. In fact, the applicant wishes to bring a preliminary motion to rescind the Order on that basis alone. The Pay Equity Office has already brought a written motion of its own, seeking to strike those portions of the application that complain about any alleged delay or abuse of process on the part of the Pay Equity Office.

3At the hearing of this matter on April 21, 2011, the Tribunal entertained the parties' submissions with respect to how the Tribunal should proceed with the preliminary motions. Having considered those submissions, we make the following directions.

4The applicant shall provide the Tribunal, the Pay Equity Office and the three responding parties (we shall hereinafter refer to them collectively as "the responding parties") who attended the hearing on April 21, 2011 with its written motion on delay and abuse of process, together with any materials the applicant intends to rely in support of that motion, on or before May 31, 2011. The responding parties shall have until June 21, 2011 to file with the Board and deliver to the other parties any responses they wish to make, together with any materials upon which they rely in support of their respective positions on the motion. The applicant's reply submissions are due on or before July 12, 2011.

5The hearing in this matter will resume on August 16, 2011 for the purpose of dealing with the applicant's preliminary motions, and to hear any evidence in respect of that motion should there may be material disputes of fact that affect the disposition of the motion. The Tribunal notes the intention of the parties to reach an agreement on some or all facts relevant to the motion prior to the hearing. To the extent they are unable to do so, counsel for the applicant is requested to notify the Tribunal by no later than August 9, 2011 and to indicate the nature of the evidence, if any, it intends to lead at the hearing in support of the motion.