David Sterns

The applicant, a lawyer formerly employed as an associate at the responding law firm, sought review of an Employment Standards Officer's refusal to issue an Order to Pay for termination pay.

The applicant was summarily dismissed after a heated dispute with the managing partner over the firm's vacation pay policy, during which she acted insubordinately and refused to follow instructions.

The Adjudicator found that the applicant's conduct constituted wilful misconduct and disobedience that was not condoned by the employer.

Consequently, the employer was exempt from the obligation to provide notice of termination or pay in lieu thereof under section 57(10)(c) of the Employment Standards Act.

The application was dismissed.

In a commercial franchise and sublease dispute, the appellant challenged an order granting the respondents possession of premises.

The court held the respondents failed to establish any claim to possession under an alleged new lease because they were not parties to it and adduced no admissible evidence that it was entered into on their behalf.

The court also held the respondents failed to prove the factual foundation for any continuing month-to-month tenancy under the original lease, namely the absence of notice from the landlord.

The appeal was allowed, the judgment below set aside, and the application dismissed with costs to the appellant.