Court File and Parties
PEHT Case No: 2001-18-PE
Glen Hill Terrace Christian Homes Inc., Applicant v Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110, Respondent v Pay Equity Office, Participating Nursing Homes, Ontario Public Service Employees Union, Attorney General on behalf of the Crown in Right of Ontario, Equal Pay Coalition and the Ontario Federation of Labour, Service Employees International Union, Local 1, Ontario Agencies Supporting Individuals with Special Needs, Ontario Long Term Care Association, and Ontario Nurses’ Association, Intervenors
Before: M. David Ross, Chair
Decision of the Tribunal: September 15, 2023
Decision
1This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
2Section 4.2 of the Statutory Powers Procedure Act permits a single presiding officer to decide this procedural or interlocutory matter.
3Pursuant to the Tribunal’s direction contained in its March 19, 2023, decision and the corresponding Notice of Community, the Tribunal received several requests to intervene on the issue of how the pay equity maintenance process should be completed using proxy comparators in this proceeding.
4The Tribunal received requests to intervene from the following entities:
Pay Equity Office, Participating Nursing Homes, Ontario Public Service Employees Union, Attorney General on behalf of the Crown in Right of Ontario, Equal Pay Coalition and the Ontario Federation of Labour, Service Employees International Union, Local 1, Ontario Agencies Supporting Individuals with Special Needs, Ontario Long Term Care Association, and Ontario Nurses’ Association
5No objections to any of the requests to intervene were received by the Tribunal. Accordingly, the Tribunal grants intervenor status to each of the entities listed above.
6The Registrar is directed to send copies of the interventions to each of the intervenors listed above. The title of proceedings is amended to:
Glen Hill Terrace Christian Homes Inc., Applicant v Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110, Respondent v Pay Equity Office, Participating Nursing Homes, Ontario Public Service Employees Union, Attorney General on behalf of the Crown in Right of Ontario, Equal Pay Coalition and the Ontario Federation of Labour, Service Employees International Union, Local 1, Ontario Agencies Supporting Individuals with Special Needs, Ontario Long Term Care Association, and Ontario Nurses’ Association, Intervenors
7In the May 19, 2023 decision, the Tribunal informed the parties that it would set out the next step of the process once the issue of the interventions was considered. However, by letter dated August 9, 2023, the respondent requested a case management meeting to be scheduled to address “the nature and scope of the interventions, including issues regarding parameters for intervenors’ proposed evidence, cross-examination of witnesses, written submissions and oral argument”.
8As the respondent wishes the opportunity to make submissions prior to the Tribunal issuing further direction about the process, it will provide each of the parties with the opportunity to do so. However, it does not make procedural sense to the Tribunal attempt to find a mutually available date for all 11 of the parties and their counsel without having any knowledge of the submissions that the parties may wish to make at such a hearing.
9The Tribunal directs:
a) By no later than September 25, 2023, the applicant, respondent, and intervenors will each confirm, in writing, a single point of contact (likely counsel) to whom shall receive all correspondence with respect to this matter from the Tribunal and the other parties.
As there will be several exchanges of submissions to 11 parties during this proceeding, this step is to ensure clarity about whom correspondence shall be delivered to and appear on certificates of delivery, and to ensure there is no confusion created by having different counsel or firms file separate submissions for a party.
It will be the obligation of that contact person to ensure that the appropriate people of whom they represent are provided with the correspondence received in this matter.
It is the obligation of each party to ensure that the Tribunal and other parties are informed of any change to this contact person throughout the course of these proceedings. The Tribunal will provide a list of each of the identified contact persons to the parties once these are received.
b) By no later than December 18, 2023, the applicant and respondent shall file their submissions, and deliver them to the other parties, that they would like the Tribunal to consider on the issue of the nature and scope of the interventions as identified by the respondent as set out in paragraph 7, above.
c) By no later than March 1, 2024, the intervenors shall file any submissions they wish to make, if any, in response to the applicant’s or respondent’s submissions, or on any other issue identified by the respondent in its August 9, 2023 correspondence.
d) By no later than May 1, 2024, the applicant and respondent shall have the right to file any reply submissions they wish the Tribunal to consider.
10The Tribunal will consider any submissions received in due course. If it can do so, the Tribunal will issue its decision regarding the nature and scope of the interventions in writing pursuant to Rule 69 of the Tribunal’s Rules of Practice.
"M. David Ross" M. David Ross, Chair