The Ontario Court of Appeal heard oral arguments in the Blue Mountain Resorts Ltd v. Ontario appeal on September 27, 2012. The issue in that case centres on the determination by the Ontario Labour Relations Board that a hotel guest’s drowning in the hotel swimming pool was reportable under the Occupational Health and Safety Act,…
Publication Name: Case In Point
Court Pierces Corporate Veil in “Common Employer” Case
Justice Gray of the Ontario Superior Court recently reviewed the common employer doctrine within the context of a Mareva injunction motion. In Kingston v. GMA Cover Corp., the plaintiffs had been employed by GMA Cover Corp. in Guelph. For tax reasons, the business underwent a complex reorganization and ultimately was acquired by a United States-based trust….
Discipline, Not Termination, More Appropriate in Case of Single Incident of Misconduct
In a case that has garnered much attention, Barton v. Rona Ontario Inc., the Ontario Superior Court has found that discipline of a managerial employee would have been a more effective sanction than termination where that employee, in a single incident of misconduct, breached the employer’s health and safety rules. At the time of the…
Leave to Appeal Sought in Freedom of Association Case
The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…
Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter
Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…
No Duty to Mitigate Where Employment Contract Silent on Mitigation
The Ontario Court of Appeal recently released a significant decision on an employee’s duty to mitigate post-employment when his or her employment contract has a fixed notice period and is silent on the issue of mitigation. In Bowes v. Goss Power Products Ltd., Mr. Bowes’ contract had a fixed notice period of six months if…