2 total
Judicial review granted; unreasonable to find service provider liable for customer's racial slur when overall response was appropriate.
The City of Toronto sought judicial review of a Human Rights Tribunal of Ontario decision finding it had discriminated against the respondent.
The respondent was subjected to a racial slur by another customer at a court services office.
While most City staff responded promptly and appropriately, the Tribunal found discrimination based on one clerk's inadequate response.
The Divisional Court granted the judicial review and quashed the Tribunal's decision, holding that it was unreasonable to find a poisoned environment and fix corporate responsibility on the City based on the inconsequential conduct of a single non-supervisory employee when the overall response was appropriate.
Interlocutory injunction granted to enforce non-competition clause following sale of frozen fish business.
The plaintiff purchased a frozen fish business from the defendants, which included a non-competition clause.
The plaintiff subsequently hired one of the defendants as a general manager, but later terminated him for alleged financial improprieties.
The plaintiff brought a motion for an interlocutory injunction, alleging the defendants were competing in the white fish market in breach of the non-competition clause.
The court found the plaintiff established a strong prima facie case of breach, that irreparable harm would result without an injunction, and that the balance of convenience favoured the plaintiff.
The motion for an interlocutory injunction was granted.
