Pay Equity Hearings Tribunal
PEHT Case No: 1125-15-PE
Pay Equity Office, Applicant v Norwood Nursing Home Limited, Respondent
BEFORE: Mary Anne McKellar, Chair
DECISION OF THE TRIBUNAL: January 5, 2016
This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”) for enforcement of the Order of a Review Officer pursuant to section 24(5) of the Act. It was filed with the Tribunal on July 27, 2015, but adjourned sine die prior to any response being filed.
Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
By decision dated December 15, 2015, I directed the responding party as follows:
The applicant (“the Pay Equity Office”) has now requested that this matter proceed. The responding party shall have 10 working days in which to file its response to this matter, failing which the Tribunal will conclude (relying on section 24(5.3) of the Act) that the Order has not been complied with.
The responding party has not filed a response to the application. Late in the afternoon of December 30, 2015 (the day before its response was due), the responding party sent an e-mail to the Registrar of the Tribunal, enclosing a letter dated December 16, 2015, seeking an unspecified extension of time in which to file its response, and referencing its efforts to comply with the Review Officer’s Order. The letter does not appear to have been copied to counsel for the Office, and its contents are not consistent with the basis that the Office advanced for seeking to have this matter relisted.
I decline to grant the extension. In the absence of a response, the responding party cannot meet the onus of establishing compliance with the Order.
This matter is referred to the Registrar to set down for one day of hearing on an expedited basis for the purpose of determining what the Tribunal should do to remedy the non-compliance.
I am not seized.
Dated at Toronto, Ontario this 5th day of January, 2016.
"Mary Anne McKellar" Mary Anne McKellar, Chair