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 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 18, 2024
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 July 15, 2024, the Tribunal set out the process for how a party was to inform that it wished to cross-examine the respondent’s proposed expert witnesses. At paragraph 52, the Tribunal wrote:
If any party wishes to cross examine the expert report of either witness, they shall write to the Tribunal by no later than September 17, 2024. In that letter, the party shall identify the subject matter contained in the report that they wish to cross examine the expert about, and why it is disputed. Those submissions should be as specific as possible. It should not be “wish to cross examine the entire report”. Once the Tribunal has received the submissions requesting to cross-examine the expert, if any, the Tribunal will issue a decision setting out the next steps.
[emphasis added]
Several of the parties advised the Tribunal that they do not intend to cross-examine the respondent’s expert reports, subject to the expert’s evidence changing at a later date.
The Pay Equity Office advised that it currently does not intend to cross examine the witnesses, but that its own expert’s report might contradict Dr. Shillington’s report. It is not uncommon for parties to file expert reports which have conflicting elements.
The applicant advised the Tribunal:
Further to the Tribunal’s decision of July 15, 2024, Glen Hill Terrance Homes (“Glen Hill”) advises that it does intend to cross-examine CUPE’s two experts with respect to their Reports filed with the Tribunal on September 3, 2024.
It does not appear that the applicant has identified the subject matter that it wishes to cross examine the expert about as set out in the July 15, 2024 decision, and the Tribunal was clear that “it should not be that a party “wish[es] to cross examine the entire report”.
The applicant shall have until September 23, 2024, to specify what aspects of the expert report that it intends to cross examine the respondent’s expert witnesses as per the July 15, 2024 decision.
“M. David Ross” M. David Ross, Chair