Pay Equity Hearings Tribunal
PEHT Case No: 2001-18-PE
Glen Hill Terrace Christian Homes Inc., Applicant v Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110, Respondent v 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, Intervenors
BEFORE: M. David Ross, Chair
DECISION OF THE TRIBUNAL: January 2, 2025
Decision
[1]. This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
[2]. Section 4.2 of the Statutory Powers Procedure Act permits a single presiding officer to decide this procedural or interlocutory matter.
[3]. By decision dated July 15, 2024, the Tribunal set out a process for how it was to receive witness evidence and expert reports. Given the number of parties involved in this proceeding, the Tribunal directed the parties to identify whether they wished to cross-examine any of the expert reports. In that July 15, 2024 decision, the Tribunal informed the parties that the cross-examinations would take place either over the holiday break or in mid-to late January 2025.
[4]. Three expert reports have been filed. The respondent filed expert reports on behalf of Dr. Pat Armstrong and Dr. Richard Shillington. The Pay Equity Office filed an expert report from Dr. Parbudyal Singh.
[5]. Dr. Parbudyal Singh will be cross-examined on January 23, 2025. Several parties have indicated that they wish to cross-examine Dr. Singh. The expectation is that Dr. Singh’s cross-examination will be completed on January 23, 2025, but if it is not, it will continue on the January 28, 2025 date.
[6]. Dr. Pat Armstrong will be cross-examined on January 28, 2025. Only the applicant has identified that they wish to cross-examine Dr. Armstrong.
[7]. Dr. Richard Shillington will be cross-examined on January 29, 2025. Only the applicant has identified that they wish to cross-examine Dr. Shillington.
[8]. The cross-examinations will be conducted by video hearing over the Zoom platform.
[9]. As set out in the December 19, 2024 decision, every party will be provided the opportunity to cross-examine the expert witnesses on evidence during cross-examination that was not contained in the expert report.
[10]. If the expert witness has a scheduling conflict which make it impossible for an expert to attend on the date assigned above, the respondent and Pay Equity Office are directed to consult with one another to rearrange the order of the expert witnesses amongst the three dates set out above. Dr. Singh however, must be examined on one of the first two days to ensure his cross-examination is completed in the three days provided. If there is an agreed upon change to the order of the witnesses, the Tribunal is to be advised in writing, copying the other parties, by no later than January 15, 2025.
[11]. It is the obligation of the party who filed the expert report to ensure the expert’s attendance at these hearing dates. If a party requires a summons to ensure their attendance, they can obtain one from the Tribunal by contacting PEHTSummons@ontario.ca.
[12]. The deadline for the applicant and respondent to file their reply submissions will be extended to February 10, 2025.
"M. David Ross" M. David Ross, Chair