Ontario Nurses' Association v. Participating Nursing Homes, 2014 CanLII 84948

Decision

1These are applications under the Pay Equity Act, R.S.O. 1990, c. P.7 as amended ("the Act") in which the applicants take objection to the order of a Review Officer.

2An issue has arisen with respect to the order of proceedings. After having heard the submissions of counsel on Friday, January 17, 2014 on this issue, we have determined that it is appropriate that the applicants conduct their cross-examination of the responding party witnesses prior to the intervenor ("Ontario") posing any questions it may have. An opportunity for re-examination by the responding party will follow. The applicants may of course request an opportunity for further examination in any specific instance where they assert that this order of proceeding has deprived them of the opportunity to fully explore a particular line of evidence, and the panel will address such request as it may arise.

3There are a number of issues that counsel for the applicant SEIU has raised with respect to what we will refer to generally as the sufficiency of Ontario's disclosure of its case. By correspondence sent to the Tribunal early in the afternoon on Monday, January 20, 2014, counsel has identified a number of directions that she would like the Tribunal to issue to Ontario, and has requested that we convene a conference call to deal with the requests prior to the resumption of the hearing on January 24, 2014. She has proposed a conference call on Tuesday, January 21, 2014 after 4:30 p.m., or on the afternoon of Wednesday, January 22, 2014. Counsel for the applicant ONA is not available on Tuesday afternoon, and the panel is not available on Wednesday. In our view, the matters raised do not require resolution prior to the hearing on January 24, 2014, and may very well be able to be addressed in an exchange of written submissions.

4We are therefore directing Ontario to set out in writing its position with respect to each of the directions requested, and to deliver it to the parties and file it with the Registrar of the Tribunal by 5:00 p.m. on Thursday, January 23, 2014. Upon receipt and review of that material, the panel will determine whether to proceed to deal with the requests in writing; by conference call; or on one of the scheduled hearing days.