HomeMy WebLinkAbout2019-1828.Komatich.21-01-08 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2019-1828
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
The Association of Management, Administrative and Professional
Crown Employees of Ontario
(Komatich)
Association
- and –
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Owen V. Gray Arbitrator
FOR THE ASSOCIATION Marisa Pollock
Goldblatt Partners LLP
Counsel
FOR THE EMPLOYER
FOR THE FINANCIAL
SERVICES REGULATORY
AUTHORITY OF ONTARIO
Joohyung Lee
Treasury Board Secretariat
Legal Services Branch
Counsel
Craig Rix
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING
January 8, 2021 (by teleconference)
- 2 -
Decision
[1] The parties are in dispute about Minutes of Settlement on which they agreed “in
principle” on May 28, 2020, but have not yet signed. The nature of the dispute was
explained to me in a teleconference on January 8, 2021. Counsel agreed that there be
an order for exchange “pleadings and productions” prior to a hearing on the merits with
respect to the dispute, and to a timetable on which those would be delivered.
[2] The Association shall set out in writing a statement of the relief it says should be
granted, and all the allegations of fact on which it relies in support of the claim to that
relief. It shall also deliver copies of all documents in its possession, custody or power,
or in the possession, custody or power of the complainant, that are relevant to the
issues of fact raised in its statement, other than documents in a Book of Documents it
delivered in this matter on January 7, 2021. The Association shall deliver its statement
and documents on or before February 1, 2021.
[3] Thereafter, the Employer shall deliver a written statement of the relief it says
should be granted, and identifying the allegations in the Association’s statement with
which it agrees and those with which it disagrees. Its statement shall set out all
allegations of fact on which it relies in response to the Association allegations which it
disagrees, as well as all allegations of fact on which it relies with respect to its own
claims concerning matters not addressed in the Association’s statement. The Employer
shall also deliver copies of all documents in its possession, custody or power that are
relevant to any issues of fact raised in its statement or the Association’s aforesaid
statement, other than documents delivered as aforesaid. The Employer shall deliver its
statement and documents on or before February 26, 2021.
[4] Thereafter, the Association shall deliver a written reply statement with respect to
any issues first raised in the Employer’s aforesaid statement, identifying the Employer
allegations about those issues with which it agrees and those with which it disagrees,
and setting out all allegations of fact (other than allegations already made in its initial
statement) on which it relies with respect to the issues first raised in the Employer’s
statement. The Association shall also deliver copies of any documents in its
possession, custody or power, or in the possession, custody or power of the
- 3 -
complainant, that are relevant to issues first raised in the Employer’s statement and
have not been previously delivered as aforesaid. The Association shall deliver its reply
statement and additional documents (if any) on or before March 22, 2021.
[5] The parties’ statements of alleged fact need not and should not recite the
evidence to which there would be resort to prove them, nor should the statements
include conclusory statements unaccompanied by the allegations of fact on which they
are based.
[6] At the hearing of the dispute defined by the aforesaid statements neither party
will be permitted to adduce evidence not relevant to an allegation of fact set out in one
of the aforesaid statements, nor to introduce a document not delivered as aforesaid,
without leave of the Arbitrator.
Dated at Toronto, Ontario this 8th day of January, 2021.
“Owen V. Gray”
Owen V. Gray, Arbitrator