4 total
Appeal of Master's order granted in part to compel document production from police board.
The self-represented plaintiff appealed a Master's order dismissing his motion for the production of documents from the defendant Police Services Board and the non-party Canadian Human Rights Commission.
The plaintiff alleged a decade-long campaign of police harassment and sought an unredacted occurrence report.
The Superior Court granted an extension of time to appeal and allowed the appeal in part.
The Court found the Master made a palpable and overriding error by requiring the plaintiff to wait until after a pending Rule 21 motion to obtain relevant documents from the Board, noting this unjustly hindered the self-represented litigant.
However, the Court upheld the Master's decision denying production from the CHRC based on privilege, directing the plaintiff to seek production directly from the originating police forces.
Wrongful dismissal action dismissed; termination clause limiting notice to ESA minimums found valid and enforceable.
The plaintiff employee sued for wrongful dismissal, seeking common law notice and punitive damages.
The employer relied on a termination clause in the employment contract that limited the employee's entitlement to the minimum statutory notice and benefits under the Employment Standards Act.
The court found the termination clause was unambiguous and enforceable, and that the employee had received his full entitlement.
The court also dismissed the claim for punitive damages, finding the employer's conduct did not meet the high threshold of being harsh, vindictive, reprehensible, and malicious.
The action was dismissed.
Staffing agency granted intervenor status in age discrimination application.
The applicant filed an application alleging age discrimination after his employment was terminated by the respondent.
The respondent named the staffing agency that placed the applicant as an affected person.
The staffing agency filed a Request to Intervene.
The Tribunal applied the factors for intervention and granted the request, finding the agency had a significant interest and could provide assistance regarding the facts and context of the applicant's employment.
Tribunal orders respondent to provide witness contact information but denies late request to amend Application.
The applicant, who alleged sexual harassment while on temporary assignments, requested an order requiring the respondent temporary help agency to provide contact information for several individuals she wished to summons as witnesses.
She also sought to amend her Application to add new factual allegations.
The Tribunal granted the request for witness information in part, ordering the respondent to provide the last known contact information for individuals who were its employees, to allow the self-represented applicant to participate effectively.
The Tribunal denied the request to amend the Application, finding that the late addition of new allegations would prejudice the respondent.
