Pay Equity Hearings Tribunal
PEHT Case No: 0085-16-PE
Ontario Nurses' Association, Applicant v Central Community Care Access Centre, Respondent
PEHT Case No: 0086-16-PE
Ontario Nurses' Association, Applicant v Erie St. Clair Community Care Access Centre, Respondent
PEHT Case No: 0087-16-PE
Ontario Nurses' Association, Applicant v Waterloo Wellington Community Care Access Centre, Respondent
PEHT Case No: 0088-16-PE
Ontario Nurses' Association, Applicant v Central East Community Care Access Centre, Respondent
PEHT Case No: 0089-16-PE
Ontario Nurses' Association, Applicant v Hamilton Niagara Haldimand Brant Community Care Access Centre, Respondent
PEHT Case No: 0090-16-PE
Ontario Nurses' Association, Applicant v North East Community Care Access Centre, Respondent
PEHT Case No: 0091-16-PE
Ontario Nurses' Association, Applicant v North Simcoe Muskoka Community Care Access Centre, Respondent
PEHT Case No: 0092-16-PE
Ontario Nurses' Association, Applicant v North West Community Care Access Centre, Respondent
PEHT Case No: 0093-16-PE
Ontario Nurses' Association, Applicant v South East Community Care Access Centre, Respondent
PEHT Case No: 0094-16-PE
Ontario Nurses' Association, Applicant v South West Community Care Access Centre, Respondent
BEFORE: Patrick Kelly, Alternate Chair, Carla Zabek and Carol Phillips, Members
DECISION OF THE TRIBUNAL: April 19, 2017
[1]. These are applications under the Pay Equity Act, R.S.O. 1990, c. P.7 as amended (“the Act”).
[2]. In our decision dated April 11, 2017, we dismissed two preliminary motions of the Ontario Nurses’ Association (“ONA”), one of which dealt with ONA’s contention that the applications were moot due to the application of the Patients First Act (“the PFA”), and the pending transfers under that statute, which will effectively result in the replacement of the Community Care Access Corporation respondents (“the CCACs”) in these matters with Local Health Integration Networks (“the LHINs”).
[3]. At paragraphs 28 and 29, we wrote:
For these reasons, ONA’s motion is dismissed. Having reached that conclusion, however, we are concerned about the utility of continuing with the hearing on the merits on April 25 and 26, 2017 (and probably well beyond) in light of the likelihood that the CCACs will soon no longer exist and other parties, the LHINs, will take their place in the dispute. The transfer to the LHINs could provide the spark that leads to a voluntary settlement of the issues in these applications. More importantly, it seems to us that the LHINs inheriting this dispute should have the opportunity to defend the applications on the merits from the outset of the hearing on the merits if, following the transfers, there is still an appetite for litigation. In the alternative, we are of the view that the LHINs should at least be given notice of the applications and the opportunity to observe, if not participate, in the upcoming hearing.
The parties are urged to consult one another concerning the issues raised in the preceding paragraph. If they cannot resolve those issues, they are to file and deliver their written submissions on or before April 17, 2017, following which we will determine how to proceed with the applications.
[4]. We are in receipt of correspondence from counsel for the parties, as well as from counsel for the LHINs. Counsel for ONA advises that ONA notified each of the ten affected LHINs of the litigation of these matters and provided each of them with a copy of our decision of April 11, 2017. (That is confirmed by counsel for the LHINs.) Counsel submits that, in all the circumstances, an adjournment of the next scheduled hearing dates is warranted. She requests that these proceedings be adjourned to a fixed date.
[5]. Counsel for the respondents concurs with ONA’s request to adjourn to a fixed date, and asks that the Tribunal consult the parties and the affected LHINs regarding two hearing dates in September 2017, reasoning that a hearing in September will provide ONA and the eventual respondents, the LHINs, sufficient time after the transfers under the PFA to explore any possibility of settlement.
[6]. Counsel for the LHINs concurs with the submissions of the CCACs.
[7]. Accordingly, the hearing dates for April 25 and 26, 2017 are cancelled. In our view, the suggestion to set new dates in September is reasonable. The Registrar will contact counsel to that end.
Dated at Toronto, Ontario this 19th day of April, 2017.
"Patrick Kelly" Patrick Kelly, Alternate Chair
"Carla Zabek" Carla Zabek, Member
"Carol Phillips" Carol Phillips, Member