The URL can be used to link to this page

Home My WebLink About1985-1076.Presley.89-03-14EMPLOY& DE LA CO”RONNE OEroONTMvO COMMISSION DE SETTLEMENT REGLEMENT DES GRIEFS March 14, 1989 HEHORANDUN RE: 1076/85 OPSEU (Presley) and The Crown in Right of Ontario (Ministry of Revenue) Attached hereto for your information is a copy of a Notice of Application for Judicial Review, filed by Mr. Stephen Goudge on behalf of the Union together with a copy of the Board's decision in .the above-noted matter. Joan Shirlow Registrar JS/tm Encl. 2------ - TORONTO. ONTARIO : K, CANADA M’” ‘. . Ms. Leslie M. McIntosh c/o The Attorney General of Ontario 18 King Street East Toronto, Ontario M5C lC5 Dear Ms. McIntosh: Re: OPSRU and Ministrv of Revenue - Preslev Judicial Review / I enclose herewith by, way of service our record containing the notice of application for judicial review and supporting affidavit. I will provide you with our factum forthwith. Yoursivery truly, GOWLING & HENDERSON STG/sb encl. cc: Grievance Settlement Board 180 Dundas Street West Suite 2100 Toronto, Ontario M5G lZ8 Attention: Mr. Joan Shirlow./ Stephen T. Goudge Court File No. 177 /FJc, IN THE SUPREME COURT OF ONTARIO (DIVISION= COURT) IN THE MATTER OF The Judicial Review Procedure Act, R.S.O. 1980, C. 224; AND IN THF, MATTER OF the Crown Employees Collective Bargaining Act, R.S.O. 1980, c. 180. BETWEEN: THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION - and - Applicant THE QUEEN IN RIGHT OF ONTARIO (Ministry of Revenue) and THE GRIEVANCE SETTLEMENT BOARD Respondents APPLICATION RECORD GOWLING & HENDERSON Barristers & Solicitors Suite 2400 2 First Canadian Place Toronto, Ontario M5X lA4 S.T. Goudge, Q.C. (416)862-8484 Solicitors for the Applicant TO: THE QUEEN IN RIGHT OF ONTARIO (Ministry of Revenue) c/o The Attorney General of Ontario 18 King Street East Toronto, Ontario M5C lC5 Attention: Leslie M. McIntosh AND TO: THE GRIEVANCE SETTLEMENT BOARD 180 Dundas Street West Suite 2100 Toronto, Ontario M5G 128 Attention: Joan Shirlow Court File No. IN THE SUPREME COURT OF ONTARIO (DIVISIONAL COURT) IN THE mTl"ER OF The Judicial Review Procedure Act, R.S.O. 1980, C. 224; AND IN THB NATTER OF the Crown Employees Collective Bargaining Act, R-S-0. 1980, c. 180. BETWEEN: THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION - and - Applicant THE QUEEN IN RIGHT OF ONTARIO (Ministry of Revenue) and THE GRIEVANCE SETTLEMENT BOARD Respondents INDEX & m Tsl! 1. - Notice of Application Issued February 23 , I. 1989 2. Affidavit of Stephen M. Grant Sworn February 23, 1989 Exhibit "A" to the Affidavit of 3 Stephen M. Grant: Grievance Form Filed November 4, 1985 Exhibit "Blr to the Affidavit of Stephen M. Grant: Decision of the Grievance'settlement Board dated May 25, 1989 4 i Court File No. IN THE SUPRENE COURT OF ONTARIO (DIVISIONAL COURT) IN TNE MTTER OF The Judicial Review Procedure Act, R.S.O. 1980, C. 224; AND IN THE NATTER OF the CrOWn EmployeeS Collective Bargaining Act, R.S.O. 1980, c. 180. BETWEEN: THE ONTARIO PUBLIC SERVICE‘EMPLOYEES UNION Applicant - and - UEEN IN RIGHT OF ONTARIG (Ministry of Revenue) and THE GRIEVANCE SETTLEMENT BOARD Respondents N r TO THE RESPONDENTS A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant: The claim made by the applicant appears on the following page. THIS APPLICAT~ION 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 Osgoode Hall, 130 Queen Street West, Toronto, Ontario. IF YOU WISH TO OPPOSE THIS APPLICATION, you or an Ontario lawyer acting for you must forthwith prepare a notice of appearance in 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 Divisional Court, and you or your lawyer must appear at the hearing. - -2- 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 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 file it, with proof of . service, in the office of the Divisional Court within thirty days after service on you of the applicant's application record, or not later than 2 p.m. on the day before the hearing, whichever is earlier. IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. q&-~r a3./(?fiq Issued by:"A.P. @~A&&?'~P,T D. v/i ce Ret 1 Court Office: Osgoode Hall 130 Queen Street West Toronto, Ontario M5H 2N.5 TO: - THE QUEEN IN RIGHT OF ONTARIO (Ministry of Revenue) c/o The Attorney General of Ontario 18 King Street East Toronto, Ontario M5C lC5 Attention: Leslie M. McIntosh AND TO: THE GRIEVANCE SETTLEMENT BOARD 180 Dundas Street West Suite 2100 Toronto, Ontario M5G 128 Attention: Joan Shirlow 1. 2. 3. -3- _APPLICATION The applicant makes application for an order quashing and setting aside the decision of the Ontario Grievance Settlement Board dated May 25, 1988. The grounds for the application are: (a) that the Board made a jurisdictional error in finding that the employer imposed no discipline on the grievor in the circumstances of this case: (b) such further and other grounds as counsel may advise. The following documentary evidence will 'be used at the hearing of the application: (a) the notice of application for judicial review; (b) the affidavit of Stephen M. Grant together with exhibits thereto, filed: (Cl such further and other material as counsel may advise. GOWLING & HENDERSON Barristers & Solicitors Suite 2400 2 First Canadian Place Toronto, Ontario M5X lA4 'S-T. Goudge, Q.C. (416)862-8484 Solicitors for the Applicant THE ONTARIO PUBLIC SERVICE EMPLOYEES' UNION - and -, THE QUEEN IN RIGHT OF ONTARIO (Ministry of Revenue) and THE GRIEVANCE SETTLEMENT BOARD Applicant Respondents Court File No. (7 7 / k)/G I I SUPRKNE COURT OF ONTARIO (DMSIONAL COURT) f Proceedings Commenced at TORON I I I i NOTICE OFAPPIXCATIOAN FOR i JDD1cIALEuwIEw ; GOWLING & HENDERSON 1 Barristers & Solicitors 1 Suite 2400 1 2 First Canadian Place 1 Toronto, Ontario 1 M5X lA4 i S.T. Goudge, Q.C. 1 (416)862-8484 I 1 Solicitors for the Applicant I Court File No. i77 Ia7 IN THE SUPREME COURT OF ONTARIO (DIVISIONAL COURT) IN THE NATTER OF The Judicial Review Procedure Act, R.S.O. 1980, c. 224: AND IN THE NATTER OF the Crown Employees Collective Bargaining Act, R-S-0. 1980, c. 180. BETWEEN: THE ONTARIO PUBLIC SERVICE ENPLCYEES UNION Applicant - and - THE QUEEN IN RIGHT OF ONTARIO (Ministry of Revenue] and THE GRIEVANCE SETTLEMENT BOARD Respondents AFFIDAVIT OF STEPHEN W. GRANT I, Stephen M. Grant, of the City of Toronto, in the Judicial District of York, MAKE OATH AND SAY AS FOLLOWS: 1. I am a partner in Gowling & Henderson, the solicitors for the applicant, and as such have knowledge of the matters hereinafter deposed to. 2. The grievance in this matter, attached as Exhibit "A@' to this affidavit, was filed on November 4, 1985. 3. The Grievance Settlement Board heard and disposed of this grievance by way of decision attached hereto as Exhibit llBl@ dated A Commissioner, etc ..( ,..., .-_. .,.!-,-.i:.~ & ,,, .-.L;‘;4. ._._ . . ;; )i ,,g,J (vp. ;:,,.’ j; ,A, . ...” : 6 TH COPY: TO BE GIVEN TO MANAGEMENT A+%%m .;““‘” . . . . . ..&A&.~~