Clarke Melville

The respondents requested the summary dismissal of a human rights application alleging discrimination and reprisal in the termination of a social work practicum, arguing there was no reasonable prospect of success and that the application was filed outside the one-year limitation period.

The applicant also requested to add Baycrest Centre for Geriatric Care as an organizational respondent.

The Tribunal denied the requests to dismiss, finding that the factual disputes regarding the practicum's termination and the timing of events required a full hearing on the merits.

The Tribunal granted the applicant's request to add Baycrest as a respondent, noting it could be vicariously liable for its employees' actions and could provide effective remedies.

The parties agreed to adjourn the application pending settlement discussions.

The Ontario Labour Relations Board adjourned the matter sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

The applicant union sought a related employer declaration under section 1(4) of the Labour Relations Act, 1995, arguing that a newly formed non-union plumbing business was under common control and direction with a defunct unionized plumbing business.

The responding parties argued that the personal bankruptcy of the key person severed the common control and direction.

The Board held that the personal bankruptcy did not change the individual's status as a key person or the controlling mind of the businesses.

The Board found the businesses were associated or related and under common control and direction, and exercised its discretion to issue a single employer declaration.