3 total
Appeal dismissed; loss of a service contract to a competitor does not constitute a sale of a business.
The appellant employer lost a contract to provide rehabilitation services at a hospital to a competitor.
The appellant terminated its employees, who were subsequently hired by the competitor without recognition of past service.
The appellant argued that a 'sale of a business' occurred under s. 9 of the Employment Standards Act, 2000, relieving it of the obligation to provide termination and severance pay.
The Divisional Court dismissed the appeal, upholding the Small Claims Court finding that no sale or transfer occurred, as no assets were transferred and there was no commercial connection between the competitors.
Human rights application deferred pending resolution of related Small Claims Court action regarding disability benefits.
The applicant filed an application alleging discrimination with respect to the denial of short-term disability benefits, family status accommodation, and creed.
The respondents requested a deferral of the application because the applicant had previously commenced a Small Claims Court action for breach of contract regarding the same denial of disability benefits.
The Tribunal granted the deferral, finding that the overlap in factual and legal issues and the more advanced stage of the civil proceeding weighed in favour of deferring the human rights application to avoid inconsistent decisions.
Human rights application dismissed for delay as applicant failed to prove delay was incurred in good faith.
The applicant filed a human rights application alleging discrimination and reprisal in employment more than a year after the last alleged incident.
The respondent requested that the application be dismissed for delay.
The applicant argued the delay was due to psychological disabilities and provided a doctor's letter.
The Tribunal found the medical evidence lacked specificity and was contradicted by the applicant's ability to seek legal advice, attend court, and find employment during the same period.
The Tribunal concluded the delay was not incurred in good faith and dismissed the application.
