Christine M. Krueger

The court considered whether the respondents were required to indemnify the applicants for legal costs incurred in proceedings before the Ontario Labour Relations Board, following a dispute over the sale of business and union obligations.

The application was dismissed, with the court finding that the indemnity provision in the parties’ settlement did not extend to the costs in question, based on contractual interpretation, the parties’ intentions, and public policy.

The appellant, an unsalaried truck driver, appealed the dismissal of his constructive dismissal claim.

He alleged a new compensation plan introduced by the respondent substantially and detrimentally changed his terms of employment.

The trial judge found insufficient evidence of detriment.

On appeal, the appellant raised three grounds: improper admission of hearsay evidence, striking of an affidavit without applying *Farber v. Royal Trust Co.*, and refusal to allow impeachment of a witness.

The Court of Appeal dismissed the appeal, finding the hearsay objection was untimely, the trial judge's assessment of the affidavit's probative value was reasonable, and the impeachment attempt did not comply with the *Evidence Act* and was on a peripheral point.

A motion to adduce fresh evidence was also dismissed as unnecessary.