Glen Hill Terrace Christian Homes Inc. v. Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110, 2025 CanLII 12547

Pay Equity Hearings Tribunal

PEHT Case No: 2001-18-PE Decision of the Tribunal: January 15, 2025

Applicant: Glen Hill Terrace Christian Homes Inc. Respondent: Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110 Intervenors: 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

Before: M. David Ross, Chair; Lori Bolton and Stephen Roth, Members

Decision

1This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended ("the Act").

2The Tribunal received correspondence dated January 13, 2025 from the respondent indicating that Dr. Shillington has made arrangements to attend on January 29, 2025. The letter also indicated that the data has been provided but the actual spreadsheets cannot be provided until after his return to the country which is after January 29, 2025.

3The Tribunal appreciates the efforts to have Dr. Shillington attend on January 29, 2025. The Tribunal is also cognizant of the respondent’s submission that it was not in receipt of the applicant’s intention to cross-examine Dr. Shillington until mid-December.

4In the Tribunal’s view, it is preferrable for the parties to have the actual documents Dr. Shillington relied upon prior to cross-examination, for among other reasons, to reduce the potential to have to recall an expert witness or otherwise have the expert witness respond to follow up questions after their cross-examination has been completed. That cannot be provided until after January 29, 2025.

5Accordingly, the Tribunal directs that the January 29, 2025 hearing date will be rescheduled to February 19, 2025.

6The dates for the applicant and respondent to file their reply submissions will be extended to February 26, 2025.

7The Tribunal is appreciative of all of the parties’ understanding and cooperation with scheduling given the number of parties and counsel involved.

8This panel is seized.