Pay Equity Hearings Tribunal
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 Services 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: October 12, 2023
Decision
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
Section 4.2 of the Statutory Powers Procedure Act permits a single presiding officer to decide this procedural or interlocutory matter.
By decision dated September 15, 2023, the Tribunal responded to the Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110 (“CUPE”) request for “the Tribunal to convene a case management meeting 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”. At paragraphs 7 and 8 of that decision, the Tribunal held:
In 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”.
As 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.
The Tribunal then directed a submission schedule for which the parties are to file their submissions.
CUPE has filed a request for reconsideration dated October 10, 2023, requesting the Tribunal to rescind the directions set out in the Tribunal’s September 15, 2023.
The other parties shall have until no later than October 26, 2023 to file any submissions in response to CUPE’s request for reconsideration.
CUPE shall have until November 2, 2023 to file any reply submissions.
The Tribunal will consider any submissions received and issue its decision in due course. For clarity, the process and timelines set out in the September 15, 2023 decision are not paused or delayed while this issue is being considered by the Tribunal.
“M. David Ross” M. David Ross, Chair