HomeMy WebLinkAbout1987-2456.Ewart.89-03-29:‘-, :
OHTAR, EMPLOY& DE LA COURONNE CROWNEMPLO”EES DE“OONTAfl,O i- ,~ GRIEVANCE CQMMISSION DE
Sg;W$-;-MENT REGLEMENT
DES GRIEFS
March 29, 1989
I'IEHORANDUlt
RE: 2456/07 OPSEU (Ewart) and The Crown in Right of Ontario (Ministry of Health)
Attached hereto for your information is a copy of a Notice of Application for Judicial Review, filed by Ms. Mary Quick on behalf of the Ministry together with a~copy of the the above-noted matter. Board's decision in
Joan Shirlow Registrar
JS/tm Encl.
SUPREME COURT OF ONTARIO
BETWEEN: (DIVISIONAL coum)
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
end
APPLICANT(S)
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (JOAN EWART) and ONTARIO CROWN EMPLOYEES GRIEVANCE SETTLEMENT BOARD
RESPONDENT(S)
APPLlCATlONUNDEA Sec.2 of the JUDICIAL REVIEW PROCEDURE ACT, R.S.O. 1980. Chavter 224 . _ _ NOTICE OF APPLICATION
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
on a date and at a time to be fixed by the Registrar of the Divisional Court. The applicant requests that this application be heard at Toronto.
IF YOU WISH TO OPPOSE THIS APPLICATION. you or an Ontario lawyer acting for you must forth-
with prepare a notice of appearance in Form S8C prescribed by the Rules of Civil Procedure, serve it
on the applicant(s) lawyer(s) or, where the applicant(s) do(es) not have a iawyer. serve it on the applicanl(s),
and file it, with proof of service, in this court offiie, 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 sewing your notice of appearance, serve a copy of the evidence 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 the court office where the application is to be heard as soon 8s possible, but not later than
2 p.m. on the day before the hearing.
IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE
AND WITHOUT FURTHER NOTICE TO YOU.
TO: Address of court olfice:
MESSRS. GOWLING & HENDERSON Divisional Court
Barristers and Solicitors Osgoode Hall
Suite 2400 130 Queen Street West
2 First Canadian Place Toronto, ONtario M5H 2N5
Toronto, ONtario M5X lA4
Attention: C.V. Hofley
(416) 862-8484
Page l(A)
AND TO: THE GRIEVANCE SETTLE?lENT BOARD
Suite 2100
180 Dundas Street West
Toronto, Ontario M5G 128
(416) 598-0688
APPLICATION
1. fhe w R” tint(f) mdtm awli-~~ Ior: an Order in the nature of Certiorari
quas ing the decision of the Ontario Crown hnployees Grievance
!ZZ$- Settlement Board, dated the second day of December, 1988, with respect to the grievance of Joan mart; or for such other order as may seem just.
2. T& grounds for the application are:
il
ii)
iii)
The Board erred in law and exceeded its jurisdiction by placing an interpretation upon the Collective Agreement which was patently unreasonable -- namely, that sick leave benefits under Article 52 were payable through illness arising during a vacation.
The Board erred in law and exceeded its jurisdiction by failing to find that absent a contrary intention in
the Collective Agreement, an employee may properly be regarded by the employer as simultaneously being on sick leave and on vacation.
The Board erred in law and exceeded its jurisdiction by altering or enlarging Article 52 of the Collective Agreement -- contrary to Article 27.16 of the Collective
Agreement.
3. The tobwing documentary evidence will be used at the hearing of 3he application:
the Application Record; i)
ii) the Record of the Proceedings before the Ontario Crown Employees Grievance Settlement Board; and
) such further and other material as counsel may advise and this Honourable Court may permit. iii
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Ministry of the Attorney General 18 King Street East, 17th floor Toronto, ONtario MSC lC5
Per: Dennis W. Brown, Q.C. (416) 965-6878
Solicitor for the Applicant
.HER MAJESTY THE QUEEN IN RIGHT OF ONTRIi, ONTARIO PUBLIC SERVICE EnPLOYEES UNION 47' u c.,
and (J. EWART) and ONTARIO CROWN EMPLOYEES
GRIEVANCE SETTLEMENT BOARD APPLICANT(S) RESPONDENTIS
cowl Rle no.
SUPREME COURT OF ONTARK
proceediw(~~IL)Ia~OuRT)
RECEIVED
NOTICE OJ~I’WJCATIO
FOR JUDICIAL REVIE
ATTORNEY GENERAL FOR ONTARIO
Crow Law Office - Civil
Ministry of the Attorney General
18 King Street East, 17th floor
Toronto, Ontario H5C ICS
Per: Dennis W. Brown. Q.C.
(&l(i) 965-6878
Solicitor for the Applicant