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The Court of Appeal upheld the dismissal of a motion to set aside a default judgment, finding the appellants' pattern of delay justified the refusal.
The appellants appealed the dismissal of their motion to set aside a default judgment in a wrongful dismissal action.
The appellants' statement of defence had been struck after they failed to attend a motion hearing, and they were subsequently noted in default.
The motion judge dismissed their motion to set aside the default, finding that the circumstances leading to the default had not been adequately explained and that setting aside the judgment would prejudice the respondent and impair the integrity of the justice system.
The Court of Appeal upheld the motion judge's decision, finding that the appellants' pattern of delay and failure to attend court proceedings justified the refusal to set aside the default judgment.
Judicial review dismissed; single instance of directing disabled employee to clean washroom was not harassment.
The applicant union sought judicial review of an arbitrator's award upholding discipline against a grievor who refused to clean a workplace washroom.
The grievor, who had Hepatitis C, suffered a nosebleed and disposed of bloody tissues in the washroom.
When directed to clean and sanitize the area, he refused, claiming discrimination based on his disability.
The arbitrator found the employer's request reasonable and held that a single instance did not constitute a course of vexatious conduct under the Human Rights Code.
The Divisional Court dismissed the application, finding no error in the arbitrator's conclusion that the incident was a matter of industrial discipline rather than discrimination or harassment.
