Glen Hill Terrace Christian Homes Inc. v Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110, 2025 CanLII 31642

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: March 19, 2025

Decision

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

2The Tribunal has received correspondence from several parties about scheduling cross-examinations for non-expert witnesses.

3The Tribunal has also been requested to hold an urgent case management conference to address these issues.

4At paragraph 39 of the Tribunal's July 15, 2024 decision, with respect to non-expert witnesses, the Tribunal held:

Since the applicant did not comply with Tribunal's direction in its June 12, 2024 decision, and that the proposed nature of the evidence is to introduce fact evidence about issues that have already been decided, the Tribunal is not setting out any procedure for having these purported witness provide viva voce evidence or any cross examination. As set out above, the applicant can file sworn witness statements by the September 3, 2024 deadline to file their submissions. If any issues about cross-examination arise, the Tribunal can consider those issues based on the contents of any such witness statements.

5The Tribunal has reviewed the sworn witness statements filed on behalf of non-expert witnesses many times during this proceeding. The Tribunal does not require further information from these non-expert witnesses at this stage of the proceeding. Once the Tribunal has considered the parties' submissions, and all the materials filed regarding the current issue before the Tribunal, it may be that that factual disputes between the parties become relevant later, and it may be that the Tribunal will have to consider any such dispute in the context of how any potential factual dispute arises.

6For example, it is not apparent to The Tribunal how someone's knowledge of a pay equity plan with a predecessor employer prior to 1995 is relevant to the process that the Tribunal must direct that starts on March 1, 2011 with a successor employer. Likewise, it is not apparent how someone's understandings of job evaluations that were conducted post-2022 is relevant to the process that the Tribunal must direct that starts on March 1, 2011, and which post-dates the Tribunal's 2021 decision.

7Furthermore, the witness statement in question has been filed for months, well before the cross-examinations for expert witnesses were scheduled, and as such there has been a significant delay in making this request.

8Accordingly, the schedule will remain. The Tribunal does not agree that there is a need for an urgent case management conference prior to the next hearing date, which is March 26, 2025.

9This panel is seized.