Cornish/Beattie v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2024 CanLII 40087

PSGB# P-2023-02648; P-2023-02650

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Cornish/Beattie

Complainant

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Brian Smeenk

Chair

FOR THE COMPLAINANTS

Samantha Cornish and Roderick Beattie

FOR THE EMPLOYER

Peter Dailleboust Treasury Board Secretariat Legal Services Branch Counsel

SUBMISSIONS

Employer: February 12 and March 18, 2024 Complainants: March 13, 2024

DECISION

1This decision provides procedural directions to the parties regarding how their agreed facts and written submissions are to be filed with the Board in relation to the Employer’s preliminary objections.

2After the Case Management Meeting held on January 31, 2024, the Board issued a direction of February 1, 2024 regarding the steps that would facilitate the efficient determination of this application, having regard for the parties’ agreement that it could be done in writing. That direction set out a timeline for the filing of the Employer’s Form 2 Response to each application, a process for reaching agreement on relevant facts, and dates by which each party was to file arguments and replies.

3It appears that the parties have merged their factual assertions with their arguments. No statement of agreed facts has been produced. As a result, the Board does not have before it a clear statement of agreed facts and documents, nor submissions based on such agreed facts, for the purpose of arguing the Employer’s preliminary objections. It is therefore necessary to make the following, more precise directions.

4The Employer is directed to file its complete response to each application using the Board’s Form 2, by April 11, 2024.

5The parties are directed to consult with one another in order to seek agreement on a Statement of Agreed Facts and to file such a Statement with the Board by April 18, 2024. The Statement must clearly reference, by way of numbered and tabbed exhibits and a Table of Contents, any documents that they agree shall be appended to it.

6At the same time, if any arguably relevant facts remain in dispute, any party asserting such disputed facts shall by April 18, 2024 file a statement of particulars outlining such allegations together with any further documents relied upon. These documents shall be identified as, “Statement of Further Allegations of [Party’s Name]”. If any party submitting such a Statement seeks to argue that the Board cannot rule on the Employer’s preliminary objection without hearing such disputed evidence, it shall make such submissions when filing the Statement of Further Allegations.

7As indicated in the Board’s prior direction dated February 1, the Applicants shall have until April 30 2024 to complete and file their arguments in response to the Employer’s preliminary objections.

8The Employer shall then have until May 7, 2024 to file any reply to the Applicants’ arguments.