Pay Equity Hearings Tribunal
PEHT Case No: 0460-25-PE
Ontario Nurses' Association, Applicant v The District of Algoma Health Unit, Respondent
BEFORE: M. David Ross, Chair
DECISION OF THE TRIBUNAL: March 10, 2026
Reasons for Decision
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7 as amended (“the Act”).
This application involves the applicant’s request for information pertaining to the respondent’s benefit plans going back to the early 2000’s. The respondent provided a chart setting out benefits during that period, and that chart was created by the third party benefit provider.
By decision dated January 27, 2026, the Tribunal directed certain documents to be provided with respect to the respondent’s benefit plans that were already accessible on the respondent’s system.
On February 25, 2026, the applicant filed submissions alleging that the production provided disclose inaccuracies between the chart provided and the underlying benefit plans that warrant revisiting its requests contained in its application.
On March 9, 2026, the respondent filed its response submissions denying the allegations. Among other submissions, the respondent asserts that the Tribunal does not have jurisdiction to order production from the benefit provider.
In this case, the Tribunal is faced with a situation where the respondent has provided information to the applicant that was created by a third party but has also asserted that the Tribunal does not have jurisdiction to order the third party to produce documents related to such information.
As such, the Tribunal is unable to determine the disputes raised in the applicant’s February 25, 2026 submissions based on written submissions alone.
The Tribunal directs, that by March 20, 2026, the parties are to consult with one another and provide no less than three mutually available dates before June 15, 2026 that they are available to appear at a Case Management Hearing. The Tribunal will schedule one of those dates. If no mutually available dates are provided, the Tribunal will schedule the Case Management Hearing based on its availability.
“M. David Ross”
M. David Ross, Chair