3 total
Appeal dismissed; water ponding on parking garage deck caused by construction defects, not architectural design.
The appellant developer sued the respondent architect for negligence and breach of contract, alleging that the upper deck of a parking garage was inadequately designed, resulting in water ponding.
The trial judge dismissed the action, finding that the ponding was caused by construction defects rather than the architect's design.
On appeal, the appellant argued the trial judge erred in his appreciation of the expert evidence and in finding the designed slope was reasonable.
The Court of Appeal dismissed the appeal, holding that while the trial judge mistakenly stated there was no expert evidence challenging the design, this error was immaterial because the trial judge's liability findings were driven by construction errors for which the architect was not responsible.
Action for workplace harassment struck as dispute falls under collective agreement's exclusive jurisdiction.
The appellant, a former prison guard, commenced an action against the Crown and several individuals for workplace discrimination, harassment, and defamation.
The motion judge struck the action on the basis that the essential character of the dispute fell within the exclusive jurisdiction of the grievance procedure under the Public Service Staff Relations Act and the collective agreement, or alternatively the Canadian Human Rights Act.
The Court of Appeal dismissed the appeal, affirming that the essential character of the dispute was workplace discrimination and harassment, which must be resolved through the statutory and collective agreement mechanisms rather than the courts.
Appeal dismissed; workplace dispute fell within the exclusive jurisdiction of an arbitrator under the collective agreement.
The appellants, correctional officers, brought an action against their employer and senior management alleging that a covert operation to stop contraband poisoned their work environment and caused physical and emotional harm.
The defendants successfully moved to strike the claims (except defamation) on the basis that the court lacked jurisdiction.
The Court of Appeal dismissed the appeal, finding that the essential character of the dispute engaged the employer's obligation under the collective agreement to provide a safe workplace, and therefore the dispute fell within the exclusive jurisdiction of an arbitrator.
