3 total
Partial summary judgment granted for statutory severance; wrongful dismissal damages require trial.
A long‑serving employee brought a motion for summary judgment in a wrongful dismissal action seeking 24 months’ notice or, alternatively, statutory severance under the Employment Standards Act, 2000.
The court held that the employee’s entitlement to statutory severance pay could be determined summarily because the undisputed evidence established over 40 years of continuous employment and a payroll exceeding the statutory threshold.
Partial summary judgment was therefore granted for the maximum 26 weeks’ severance pay.
However, the broader claim for wrongful dismissal damages could not be determined because there was no evidence regarding post‑termination income or mitigation.
The remainder of the claim was directed to proceed to trial.
Judicial review dismissed; Ontario Racing Commission has jurisdiction to redistribute purse monies despite existing contracts.
The Ontario Harness Horse Association sought judicial review of a decision by the Ontario Racing Commission to redistribute purse monies among racetracks.
The Commission had adopted a Framework to move purse funds from racetracks with profitable slot machine operations to those with more active wagering to re-invigorate horse racing.
The applicant argued the Commission lacked jurisdiction, claiming it conflicted with federal pari-mutuel regulations and interfered with existing contractual rights.
The Divisional Court dismissed the application, finding the Commission had broad regulatory authority under the Racing Commission Act, 2000, that its actions did not conflict with federal regulations, and that its regulatory powers permitted incidental interference with existing contracts.
Application for judicial review of race dates dismissed due to undue delay and resulting prejudice.
The applicant sought judicial review of a decision by the Ontario Racing Commission approving a reduced number of race days for two racetracks in 2007.
The applicant alleged a breach of procedural fairness and an error in denying it party status.
The Divisional Court dismissed the application on the ground of undue delay, noting the applicant waited five months into the racing season to bring the application, which would cause substantial prejudice to the racetracks if the calendar were overturned.
