Pay Equity Hearings Tribunal
PEHT Case No: 2001-18-PE
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 OF THE TRIBUNAL: February 27, 2025
Decision
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
By decision dated January 24, 2025, the Tribunal set out a schedule for receiving reply expert reports from the applicant. The applicant identified Renee Caron as an expert that it wishes to file a report for in reply to Dr. Singh’s and Dr. Armstrong’s reports.
In that decision, the Tribunal provided the option to the respondent to request to reschedule Dr. Armstrong’s cross examination from March 5 and 6 (if not completed), 2025 following receipt of the applicant’s reply expert report.
By letter dated February 26, 2025, the respondent exercised its option to reschedule those hearing dates. In that letter the respondent proposed to have Dr. Armstrong attend on March 26 and 27, 2025.
The March 5 and 6, 2025 hearing dates are hereby cancelled.
The March 26 and 27, 2025 hearing dates are already scheduled for cross-examinations for other experts. The Tribunal’s view is that it is not practicable and efficient to have multiple third-party, expert witnesses on standby for dates they might not be called.
The applicant has requested that the order of the March 26, 27, 28, 2025 witnesses be changed to accommodate counsel’s availability.
Therefore, March 26, 2025 will be scheduled for Dr. Armstrong’s cross-examination. March 27, 2025 will be scheduled for Dr. Shillington’s cross examination. March 28, 2025 will be scheduled for Dr. Singh’s cross-examination. April 7, 2025 remains scheduled for Ms. Caron’s cross-examination.
Additionally, April 11, 2025 and April 15, 2025 will be scheduled as extra dates in the event the expert witnesses are not completed on their allotted hearing dates. The Tribunal expects the parties to be direct and efficient in their cross-examinations, such that each witness is completed in a single day, but that may not be possible in every instance. If the April 11 and 15 dates are necessary, the Tribunal will review the timeline for receiving the reply submissions from the applicant and the respondent.
Accordingly, the Registrar is directed to cancel the March 5 and 6, 2025 hearing dates, and to schedule April 11 and 15, 2025 as hearing dates (if needed).
This panel is seized.
"M. David Ross" M. David Ross, Chair
"I agree" Lori Bolton, Member
"I agree" Stephen Roth, Member