Ontario Nurses' Association v. The District of Algoma Health Unit, 2025 CanLII 97707

Pay Equity Hearings Tribunal

PEHT Case No: 0460-25-PE

Ontario Nurses' Association, Applicant v The District of Algoma Health Unit, Respondent

BEFORE: Douglas Sanderson, Vice-Chair

DECISION OF THE TRIBUNAL: September 9, 2025

1This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended, (“the Act”). In this application, the applicant seeks revocation of an order of the Pay Equity Commission Review Services’ decision, dated January 31, 2025. In that decision, the Review Officer declined to make a production order against the Employer because she found that the Employer had provided sufficient disclosure of benefit information to the Union to allow for proper representation of their members and that the Union did not establish a contravention under Part I of the Act. The Union seeks a production order issued against the Employer for the male comparator’s benefit plans effective during the period 2001-2025 pursuant to s. 25(2)(g) of the Act. The Employer asserts that it has provided sufficient information to the Union to allow it to appropriately assess whether pay equity has been maintained. The employer further argues that the Application amounts to an abuse of process and should be dismissed because of the Union’s delay in filing it.

2The parties appeared before the Tribunal on September 8, 2025 for a pre-hearing conference. The Union requested an order requiring the Employer to produce certain information and ordering a second pre-hearing conference with notice to the Employer’s benefit providers. However, the Tribunal determined that it would decide the Employer’s abuse of process argument before addressing the Union’s request. The parties agreed to the following schedule for written submissions regarding whether the Application amounts to an abuse of process due to untimeliness:

a. The Employer shall file with the Tribunal and deliver to the Union, its submissions by the end of business on November 10, 2025;

b. The Union shall file with the Tribunal and deliver to the Employer, its responding submissions by the end of business on January 12, 2026; and,

c. The Employer shall file with the Tribunal and deliver to the Union, its reply submissions, if any, by the end of business on February 12, 2026.

3This panel is not seized.