HomeMy WebLinkAbout1984-1257.Peebles et al.89-04-11April 11, 1989
MEAORANDUM
RE: 1257/84 OPSEU (Peebles et al) and The Crown in Right of Ontario (Ministry of Transportation & Communications)
Attached hereto for your information is a copy of a Notice of Application for Judicial Review, filed by Mr. D.W. arown on behalf of the Ministry together with a copy of the'Board's decision in the above-noted matter.
Joan Shirlow Registrar
JS/tm Encl.
DE I’OWARIS
COMMISSION DE
RiGLEMENT
DES GRIEFS
Court file no. 2d. +i:
SUPREME COURT OF 6NTARlO “:’
BETWEEN: (DIVISIONAL COURT)
HER MAJESTY THE QUEEN IN RIGHT OF-'ONTARIO
; E and
APPLICANT(S)
.
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (PEEBLES, ET AL.) and ONTARIO CRONN EMPLOYEES GRIEVANCE SETTLEMENT BOARD
RESPCNDENT(S)
APPLICAT~OMUNDER Sec. 2 of the JUDICIAL REVIEW PROCEDURE ACT, R.S.O. 1980, Chapter 224 - NOTICE OF APPLICATION FOR JUDICIAL REVIEW
TO THE RESPONDENT(S)
A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant(s). The claim made by the
applicant(s) appears on the following page.
THIS APPLICATION will come on for a hearing before
the Divisional Court
cn a d~ate and at,a place to be fixed by x0: s the Registrar of tif@'Divisional Court.'d"*Phe applicant requests tha?'%his XX application be heard at Toronto.
IF YOU WtSH TO OPPOSE THIS APPLICATION. you or an Ontario lawyer acting for you must forth-
with prepare. a notice of appearance in Form 38C prescribed by the Rules of Civil Procedure, serve ft
on the applicant(s) lawyer(s) or, where the applicant(s) do(es) not have a lawyer, serve it on the applicant(s),
and file it, with proof of service, in this court office, and you or your lawyer(s) must appear at the hearing.
IF YOU WISH TO PRESENT AFFIDAVIT OR OTHER DOCUMENTARY EVIDENCE TO THE COURT
OR TO EXAMINE OR CROSS-EXAMINE WITNESSES ON THE APPLICATION, you or your lawyer(s) must,
in addition to serving your nofice of appearance. serve a copy,of the evidence on the applicant(s) lawyer(s)
or, where the applicant(s) do@) not have a lawyer, serve it on the applicant(s), and file it, with proof of
service, in-the court office where the applicafion is to be heard as soon as possible, but not later than ~I 2 p.m. on the ~day before the hearing.
IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN IN YOUR ABSENCES.----
AND WITHOUT FURTHER NOTICE TO YOU.
Date NaKh 2.z . ..I...... 1.g.S.g Issued bye
TO: Address of ccun office:
Patrick A. Sheppard Divisional Cour-t Barrister & Solicitor Osgoode Hall 500-210 Dundas St.W. 130 Oueen Street West Toronto, Ontario Toronto, Ontario M5G 2E8 M5H 2N5
(416) 599-5682
Solicitor for the Respondent, OPSEU (PEEELES) I
. . Page l(A)
Am TO: THE GRIEVANCE SETTLEMENT BOARD Suite 2100 180 Dundas Street West .. Toronto, Ontario M5G 128
(416) 598-0688
,, . APPLICATION
1. The applicant(s) make(s) application for:
an Order in the nature of
ZZ," Certiorari quashing the decisions.of the Ontario Crown
Zmployees'Grievance Settlement Board, dated the 25th day
of June, 1987 and the 5th day of December, .1988, wgth
respect to .the grievances of Messrs. Peebles, et al.; or
for such other order as may seem just.
2. The grounds for the application are:
i) The Board erred at law and thereby exceeded its jurisdiction by failing to have regard for the
'k&m., settlement desired by the grievors;
ii) The Board erred at law and thereby exceeded its jurisdiction by failing to have regard for the purpose and intent of the rent award;
iii) The Board erred at law and thereby exceeded its jurisdiction by entertaining a claim by the
grievors for commuting costs from their homes in accordance with the pre-1978 practice of the Ministry;
iv) The Board erred at law and thereby exceeded its jurisdiction by holding that the subject matter of the grievances was to be determined by the jurisprudence found in the Howes and Williamson decisions of the Board:
Page 2(A)
VI The Board erred at law and thereby exceeded its jurisdiction by having found that 'the employer consented to have the grievances adjudicated on their merits;
vi) The Board erred at law'and thereby exceeded its
jurisdiction by failing to find that the grievors were estopped by reason of their conduct from 'I'~ pursuing the said grievances; and
vii) The Board erred at law and thereby exceeded its jurisdiction by having found that the employer breached the Collective Agreement.
3. The following documentary evidence will be used al the hearing of the application: _ ‘,1”,
i) the Application Record;
ii
iii
the Record of the Proceedings before the Ontario CrownEmployees Grievance Settlement Board; and
such further and other material as counsel may advise and this Honourable Court may permit.
Date of issue: &P/?C.q 23;. /f;f’-
/
ATTORNEY GENERAL FOR ONTARIO
Crown Law Office - Civil Ministry of the Attorney General 17th Floor 18 King Street East Toronto, Ontario MjC lC5
Per: Dennis W. Brown, Q.C.
(4i6) 965-6878
Solicitor for the Applicant
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
Z ti.%JESTY THE QUEEN IN RIGHT OF ONTARIO .&xi (PEEBLES, ET AL.) and ONTARIO CROWN
APPLICANT(S)
EMPLOYEES GRIEVANCE SETTLEMENT BO,$&joNDENT(s,
SUPREME COURT OF ONTARIO (DIVISIONAL COURT)
Proceeding commenced at
NOTICE OF APPLICATCON (Fc.m WE In&, !a Flhs,
FOR JUDICIAL REVIEW
ATTORNEY GENERAL FOR ONTARIO
Crown Law Office - Civil Ministry of the Attorney General
17th Floor 18 King Street East Toronto, Ontario M5C iC5
Per: Dennis W. Brown, Q.C. (416) 965-6878
Solicitor for the Applicant