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ARTICLE · 18 MARCH 2020

Tribunal Dismisses Delayed Application As Abuse Of Process

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On December 2, 2019, the Pay Equity Hearings Tribunal (the Tribunal) released its decision in Canadian Union of Public Employees, Local 1328, Applicant v. Toronto Catholic District School Board...

CanadaEmployment and HR
Neva Lyn-Kew
Neva Lyn-Kew
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On December 2, 2019, the Pay Equity Hearings Tribunal (the Tribunal) released its decision in Canadian Union of Public Employees, Local 1328, Applicant v. Toronto Catholic District School Board, (CUPE v. TCDSB),1 in which it dismissed a union's application for review of an order that was filed almost seven years after the order was released. The decision outlines that a party's delay in filing applications with the Tribunal under the Pay Equity Act (the Act)2 can result in a presumption of prejudice, justifying the dismissal of the matter as an abuse of process.

BLG represented the Board in the litigation of this matter.

Background

The Tribunal's decision arises from a dispute between the Toronto Catholic District School Board (the Board) and the Canadian Union of Public Employees, Local 1328 (the Union) as to the re-evaluation of ten jobs under the Act.

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