Carolyn L. Kay-Aggio

The appellant appealed an order striking his statement of claim.

The Court of Appeal held that the appellant could not enforce rights from a protocol after a collective agreement commenced, rendering his claim for a declaration for that period hypothetical.

However, the Court found that any individual contractual rights existing prior to the collective agreement were not erased.

The appeal was dismissed, but the appellant was granted leave to amend his statement of claim to confine it to the period before the collective agreement commenced.

The Law Society of Upper Canada applied to revoke a Review Officer's Order regarding its Pay Equity Plan.

The Tribunal found that the Review Officer erred in determining the job rate for lawyer job classes, as the Law Society's merit compensation plan qualified for an exception under section 8(1)(c) of the Pay Equity Act.

The Tribunal also found that the Director of Continuing Legal Education was not a female job class and that the first Faculty Instructor was appropriately included in the same job class as other instructors.

Finally, the Tribunal held that while widening the pay gap after the effective date of the Act is a breach of section 13(11), the Law Society's early payment of adjustments might mean no further payout is required.