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HomeMy WebLinkAbout1986-0492.Pierre.88-06-23EMPLOY& DE LA CO”RONNE DEL’ONTARIO C(3MMISSION DE REGLEMENT DES GRIEFS June 23, 1988 MEMORANDUM MEMORANDUM RE: RE: 0492/86 OPSEU (Veronica Pierre) and the Crown in Right 0492/86 OPSEU (Veronica Pierre) and the Crown in Right of Ontario (Ministry of Correctional Services) of Ontario (Ministry of Correctional Services) Attached hereto for your information is a copy of a Notice of Application Attached hereto for your information is a copy of a Notice of Application .f for Judicial Review, filed by Ms. Leslie McIntosh on behalf of the Ministr for Judicial Review, filed by Ms. Leslie McIntosh on behalf of the Ministry, together with a copy of the Board’s decision in the above-noted matter. together with a copy of the Board’s decision in the above-noted matter. Joan Shirlow Registrar TC/ ldes Encl. IN THE SUPREME COURT OF ONTARIO (DIVISIONAL COURT) IN THE MATTER OF an Award of the Grievance Settlement Board dated February 22nd, 1988 with respect to the grievance of Veronica Pierre BETWEEN: ;. ‘: ‘...~... HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO ? as represented by.The Minister of . Correctional Services Applica - and - r ONTARIO PUBLIC SERVICE EMPLOYEES UNION -_ GRIEVANCE SETTLEMENT BOARD _.-- and .nt Respondents APPLICATION UNDER The Judicial Review Procedure Act, R.S.O. 1988, c. 224 NOTICE OF APPLICATION FOR JUDICIAL REVIEW A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant. The claim made by the applicant appears on the following page. >.: THIS 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. -- 2 - IF YOU WISH TO OPPOSE THIS APPLICATION, you or an Ontario lawyer acting for you must forthwith prepare a notice of appearance in Form 30C 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. 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 :J BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. Address of 'Divisional Court office Osgoode Hall 130 Queen Street West Toronto, Ontario MSH 2N5 - 3 - TO: Cavalluzzo, Hayes & Lennon Barristers and Solicitors 43 Madison Avenue Toronto, Ontario MSR 252 Attention: Roman Stoykewych (416) 964-1115 Solicitors for the Respondent, Ontario Public Service Employees Union AND TO: Grievance Settlement Board 180 Dundas Street West Suite 2100 Toronto, Ontario M5G 128 (416) 965-1455 AND TO: The Registrar of This Honourable Courts 1. 2. The grounds for the application are: - 4 - APPLICATION The Applicant makes application for an order setting aside the.award of the Grievance Settlement Board dated February 22nd, 1988 and remitting the matter to the Board, or for such other order as to this Honourable Court may seem just. (al the Grievance Settlement Board erred in law and exceeded its jurisdiction by giving Article 27 of the Collective Agreement an interpretation it cannot reasonably bear; and' (b) such further and other grounds as counsel m~ay advise and this Honourable Court permit. 3. .T The following documentary evidence will be used at the hearing of the application: (a) the Record of Proceedings to be filed by the Grievance Settlement Board; and (b) 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 StreetEast, 17th floor Toronto, Ontario M5C lC5 Per: Leslie M. McIntosh, Counsel (416) 965-6878 Solicitor for the Applicant HER MAJESTY THE QUEEN IN RIGHT OF ONTAkO ONTARIO PUBLIC SERVICE EMPLOYEES UNION as represented by the Minister of and GRIEVANCE SETTLEMENT BOARD Correctional Services - and - Applicant -I-““nn”.““.“,“...” . . . . . “- =~-mn .w Respondents Court file No. _-.--- SUPREME COURT OF ONTARIO (DIVISIONAL COURT) NOTICE OF APPLICATION FOR JUDICIAL REVIEW