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: January 24, 2025
Decision
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
The parties appeared before the Tribunal on January 23, 2025. The parties addressed several procedural issues regarding expert report evidence and the procedure for cross-examining the experts.
The parties made their submissions to the Tribunal. Following the submissions, the panel recessed and provided an oral decision regarding the process.
The Tribunal’s May 15, 2023 decision, which set out the process for receiving expert evidence did not anticipate the applicant or respondent filing expert reports in reply. Both parties wish to rely on expert reports filed as reply evidence. Accordingly, there is a gap in the process that needs to be addressed.
The Tribunal accepted the applicant’s and respondent’s proposition that they should have the right to file expert report evidence
in reply. In this case, both parties should be provided with the same right and it would be inappropriate to permit one party to file a reply expert report and preclude the other party from adducing reply expert report evidence.
Accordingly, the schedule must be adjusted to provide a fair opportunity for the experts to respond to one another’s reports, and to best ensure that the expert witnesses do not have their testimonies bifurcated, which would serve to not only inconvenience non-party expert witnesses, but also greatly increase the likelihood that this proceeding is further delayed if cross-examinations are not completed within the allotted hearing dates.
The parties disputed whether it would be efficient and practicable to have them consult between themselves to work out a revised schedule. In the Tribunal’s view, especially given the history of this proceeding, it is more efficient for the Tribunal to set a schedule than to expect 11 parties with their respective counsel and clients find dates that are mutually agreeable to all of them.
Accordingly, Dr. Singh’s cross-examination on January 23, 2025 is to be rescheduled to allow proper time to review and consider Dr. Armstrong’s reply expert report filed on January 15, 2025.
The Tribunal agrees that this proceeding should not be unduly delayed because of the applicant’s reply expert report has not yet been filed.
Accordingly, if the applicant intends to rely on a reply expert report, by no later than January 31, 2025, the applicant shall identify the witness, attach a C.V for the witness, summarize their qualifications and why the they qualify as an expert in this case, and the nature of the evidence they will be providing.
Any party that objects to any of the proposed witnesses as being experts, shall file their objection with the Tribunal by no later than February 5, 2025. The Tribunal will consider and issue a decision after the February 5, 2024 submissions, if any, are received
The applicant’s reply expert report, if any, shall be filed by February 24, 2025.
The January 28, 2025 and February 19, 2025 hearing dates set to cross examine Dr. Armstrong and Dr. Shillington will be rescheduled to ensure that expert reports are not being filed after cross-examinations have been completed.
Dr. Armstrong will be cross-examined on March 5, 2025. If the respondent, after reviewing any expert report provided on or before February 24, 2025, would prefer to have additional time to consider that report, and to have Dr. Armstrong attend on a later date, it shall advise the Tribunal and the other parties forthwith.
Dr. Shillington will be cross-examined on March 26, 2025.
Dr. Singh will be cross-examined on March 27, 2025 and March 28, 2025 if his evidence is not completed in one hearing day.
The applicant’s expert witness, if any, will be cross-examined on April 7, 2025.
Reply submissions (not further reply evidence) are to be filed by the applicant and the respondent on April 23, 2025.
The oral submissions in this matter will be rescheduled to September 17 and 18, 2025. These dates intentionally build in time for parties to resolve any remaining disputes between cross-examinations before oral submissions are made in this matter.
If there are any procedural issues that arise during the cross-examinations of the expert witnesses, those issues will be addressed promptly, and in the months of March, April, and May 2025.
The Registrar is directed to set March 26, March 27, March 28, April 7, September 17, and September 18, 2025 as hearing dates in this matter.
The Registrar is directed to cancel the January 28 and February 19, 2025 hearing dates.
This panel is seized.
"M. David Ross" M. David Ross, Chair "I agree" Lori Bolton, Member "I agree" Stephen Roth, Member