HomeMy WebLinkAboutMatys 05-11-10
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IN THE MATTER OF AN ARBITRATION
BETWEEN:
Canadian Blood Services
and
OPSEU
(Implementation of Settlement)
Before: William Kaplan
Sole Arbitrator
Appearances
For the Employer: Frances Gallop
Filion Wakely Thorup & Angeletti
Barristers & Solicitors
For OPSEU: Nelson Roland
Barristers & Solicitor
This matter proceeded to a hearing in Toronto on November 9,2005.
Introduction
On November 19, 2004, Canadian Blood Services and OPSEU entered into
Minutes of Settlement resolving a number of outstanding grievances filed by
Christina Matys. Pursuant to those Minutes, Ms. Matys was to receive
$91,098,75 less statutory deductions but subject to lawful sheltering. On
December 16, 2004, Ms. Matys signed the Minutes of Settlement as well as
a comprehensive release. Ms. Matys indicated, at that time, a desire to
shelter all of the funds.
Since that time, the employer and the union have made numerous efforts to
contact Ms. Matys in order to arrange for the payment of the funds. In order
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to shelter some of the money from taxation, it is necessary that Ms. Matys
provide written direction and instruction. Failure to do so means that all of
the funds will be subject to withholding at source. It is self-evidently in the
interest of Ms. Matys to carefully consider the appropriate allocation of
these funds and to provide the necessary directions. Indeed, calculations
provided to Ms. Matys by the employer indicate that a substantial amount of
these funds qualify for transfer as a retirement allowance into her RSP.
However, as noted, the many efforts made to contact Ms. Matys in order to
obtain her instructions have not been successful. Accordingly, Canadian
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Blood Services requested that the hearing be reconvened in order to obtain
an order with respect to the distribution of the funds.
That hearing was scheduled in Toronto on November 9,2005. Ms. Matys
was notified of these proceedings. On October 17,2005, Dr. T. R. Chmara
faxed me a letter stating that "this patient's physical heath preclude
attendance at any meeting or making any informed decision." The hearing,
nevertheless, convened as scheduled. At that time, the employer made a
number of requests for direction. The union took no position on the
employer's request.
Having carefully considered the employer's request, and being aware of the
background of this matter, the following award is issued. It must be read in
light of the fact that her doctor has raised an issue respecting capacity.
Obviously, the union will attempt to provide Ms. Matys with a copy of this
award. Moreover, I am taking the unusual, but, in the circumstances,
justified step, of providing copies of this award to Ms. Matys doctor and her
counsel of record in her L TD claim together with the request that this award
be forwarded to her.
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A ward
1. Ms. Matys has sixty days from today's date to provide the employer with
a medical report indicating that she is competent to make informed decisions
with respect to her property. At that time, Ms. Maty's may also provide the
employer with directions respecting the distribution of that property but
must do so by filling out the forms provided by the employer necessary to
distribute that property. To the extent Ms. Matys wishes to shelter more of
the outstanding amount than the employer's calculations indicate to be
lawful, she must provide the employer with appropriate authority indicating
that such additional sheltering is lawful.
2. If Ms. Matys is unable or unwilling to comply with the terms of paragraph
1, the employer may, sixty days following the issue of this award, file this
award with the Ontario Superior Court of Justice and pay the settlement
proceeds into court.
DATED at Toronto this 10th day of November 2005.
"William Kaplan"
William Kaplan
Sole Arbitrator
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