HomeMy WebLinkAbout1987-2413.Ryder.89-04-11April 11, 1989
MERORANDUU
RR: 2413/87 OPSED (Sham Ryder) and The Crown in Right of
Ontario (Ministry of Correctional Services)
Attached hereto for your information is a copy of a Notice of
Application for Judicial Review, filed by Hr. M.M. Pleishman on
behalf of the Ministry together with a copy of the Board’s
decision in the above-noted matter.
J -LLfL&
Joan Shirlow
Registrar
JS/tm
Encl.
BETWEEN:
IN THE SUPRENE WJRT OF ONTARIO
(DIVISIONAL COURT)
NERNAJESTF'fNE~INRTOBTOFONT~O as represented by The Minister of
Correctional Services
Appltcant
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Respondents
APPLICUION UNDER The Judicial Review Procedure Act, R.S.0. 1988, c. 224
NOTICE OF APPLICATZOX FOR JUDICIAL Revr Bw
A LEOAL PROCEEDING NAS BEEN CO~CXD by the applicant. The claim made by the applicant appears on the
following page.
TEES APPLICATION for judicial review will come on for a hearing before the Divisional Court on a date and at a place to be fixed by the Registrar of the Divisional Court. The applicant requests that this application be heard at 130 Queen Street West, Toronto, Ontario.
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IF YOU WISH Iy) OPPOSE THIS APPLICATION, you or an Ontario lawyer acting for you must forthwith prepare a notiac of appearance 5.n Form 38C prescribed by the Rules of Civil Procedure, serve it on the applicant's lawyer or, where the applicant does not have a lawyer , serve it on the applicant, and file it, with proof of service, in the office of the Dlviaicnal Court, and you or your lawyer must appemr at the hearing.
IF YOU WISH To PRESENT AFFIDAVIT OR OTHRR DOCUMRWARyEVIDENCETOTiiRCOURTORTOEXAUINEOR
cmxs-m WITNESSES .oN Tm APPLxATIoN, you or your lawyer must, in addition to serving your notice of appearance, serve a copy of the evidence on the applicant's lawyer or, where the applicant does not have a lawyer, serve it on the applicant, and ftle it, with proof of service, in the office of the Divisional Court within thirty daye after scmrvlce on you of the applicant’s application record, or not later than 2 p.m. on the day before the hearing, whichever is earlier.
BE GIVEN IFyOVFAILTO APPRARATTRE -N&W&ENTU14AY IN YOUR ABSENCE AND WXTHOUT FURTHER .
Date:
Addzeao of Divisional Court off ice
Osgoode Hall 130 Queen Street West Tomt& Ontario
To:
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QowlLng and rzenderaon mrristeirs an4 solicitora
Suite 2400,
2 First Cumdlan Place
Toronto, Ontario
M5X IAl
Attention: Alfck Ryder, Counsel (416) 862-8484
solicitors for the Respondent, Ontario Public Service EmploywE Union
Am To: Ontuio Crown Wloyees Grievance Settlement Board 180 mdas street West Suite 2100 Toronto, Ontario MSd'lt8
(416) 965-1455
AND Mr The Registrar of This IXonourahle Court
HER UAJESTY TBB QIJEBN IH
ONTARIO as repreeented by -ARIO PUBLIC WCB BMPLOYEES UNION I.
Of Correctional Services ninisterd et al. PMIHWFB) DEFCNMHltS~
gmW~lcrrb cawt tnr MI.
p~-sdlng=""'-"cedpI Toronto
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NUPICE OF APPLICATION FOR JUDICIAL REVIEW
anm.-d--dI*we)--.
Ministry of the Attorney Generi crown Law office - civil 18 King St. East, 17th Floor Toronto, Ontario NSC lC5
Per: M. M. Fleishan, tiounse (416) 965-6878
1.
2.
APPLICATION
The Applicant makes application for an order quashing the decision of the Ontario Crown Rm~loyees Grievance settlement Board dated Navember 29th. 1988 with respect to the grievane of Shawn Ryder.
The grounds for the application are:
(a)
(b)
(cl
id)
(e)
the Ontario Crown Employees Orievanoe
settlement Board ("Board"! erredin law and exceeded its jurisdiction by failing to consider the applicant's argument with regards the applicability of a. ,30 (3) of the and sservi_ce_Act, R.S.O. 1980, 0. 410;
the Board erred at law and thereby exceeded its jurisdiction by failing to find that the
Grievor’s employment properly ceased at the expiration of his contract pursuant to the provlsione of the public Service Act:
the Board erred at law and thereby exceeded
its furisdiation by finding that the appointment of tha Grievor Shawn Ryder was not in accordance with 8. 8 of the public Service Act and therefore was improper;
the Board erred at Law and thereby exceeded its jurisdiction by misinterpreting s. 6 of Ontario RegUlation 881 of the public Service Act and thereby concluding that the Grievor an AOt came within any of the groups
referred to in the said Regulation;
such further and other grounds as counsel
may advise and this Honourable Court Permit.
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3. The following documentary evidence will he used at the hearing of the application:
Ia) the Record of Proceedings before the Ontario Crcwn mloyees Grievance Settlement Board;
lb) the Affidavit of James Benedict:
(cl the Application Record: and
(d) such further and other material as counsel may advise and this Honourable Court permit.
Date of issue: Attorney General for Ontario Ministry of the Attorney General crown Law Office - Civil 18 King Street East, 17th flow Toronto, Ontario USC lC5
Per: Dennis W. Brown, Counsel (416) 965-6878
Solicitor for the Applicant
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