Glen Hill Terrace Christian Homes Inc. v Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110
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 7, 2025
Decision
[1]. This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
[2]. 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.
[3]. The respondent, and one intervenor, ONA, filed submissions objecting to qualifying Ms. Caron as an expert. In summary, CUPE and ONA submit that Ms. Caron does not meet the threshold as an expert and relied on R. v Mohan, 1994 CanLII 80 (SCC).
[4]. The Tribunal highlights that section 29(2)(g) of the Act permits the Tribunal to admit evidence that would otherwise be inadmissible in a court:
may in a hearing admit such oral or written evidence as it, in its discretion, considers proper, whether admissible in a court of law or not.
[5]. The Tribunal has considered CUPE’s and ONA’s submissions. The Tribunal is prepared to accept Ms. Caron as an expert in the context of this novel case. Ms. Caron’s resume identifies her as a current Pay Equity Commissioner of the Northwest Territories and identifies that she had a key role in the development of the federal Pay Equity Act. On the latter point, the Tribunal cannot disregard the strong possibility that the developers of the federal legislation reviewed and considered Ontario’s Pay Equity Act when determining what provisions would be included in the new legislation. Since this aspect of this proceeding concerns procedure where the Act is mostly silent, the opinion of someone who was recently involved in developing pay equity legislation could be relevant to the issue before the Tribunal. The Tribunal reiterates that allowing a report to be filed does not mean that the Tribunal will adopt the opinion. This matter is incredibly complex and those decisions will only be made after the parties have had made their oral submissions before the Tribunal.
[6]. CUPE’s and ONA’s concerns with Ms. Caron’s expertise on specific matters that are identified in the report can be tested through cross examination, and the Tribunal will put the appropriate weight on all of the evidence that is before it in this proceeding, including Ms. Caron’s report. If CUPE and ONA are correct in their assertions that Ms. Caron’s report is not reliable, then they are free to attempt to expose that claim through cross-examination by experienced counsel. However, at this time, the Tribunal is not prepared to accept that proposition on the face of written submissions filed to preclude the applicant from filing a report in reply on behalf of Ms. Caron.
[7]. The Tribunal reminds the parties that Ms. Caron is filing an expert report solely in reply to other expert reports. Ms. Caron’s report will be considered through that lens. Statements in the report that stray from appropriate reply evidence will be provided the appropriate weight.
[8]. Accordingly, any expert report filed on behalf of Ms. Caron will be filed on or before February 24, 2025 as set out in the January 24, 2025 decision.
[9]. Any party wishing to cross-examine Ms. Caron shall file their submissions setting out the subject matter they wish to cross-examine Ms. Caron on, in the same manner as the other experts, shall do so by March 10, 2025.
[10]. On the assumption that parties wish to cross-examine Ms. Caron, the hearing date for those examinations will be April 7, 2025 as set out in the January 24, 2025 decision.
[11]. This panel is seized.
"M. David Ross" M. David Ross, Chair
"I agree" Lori Bolton, Member
"I agree" Stephen Roth, Member