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.
