2 total
Interlocutory injunction against former employee denied due to lack of evidence of irreparable harm.
The plaintiffs brought a motion for an interlocutory injunction to restrain their former employee, the defendant, from competing, soliciting clients or employees, and using confidential information.
The court applied the RJR-MacDonald test and found that the plaintiffs failed to establish irreparable harm, as their allegations were based on suspicion rather than clear evidence.
The balance of convenience also heavily favoured the defendant.
The motion was dismissed, and the plaintiffs were ordered to pay the defendant's costs of $40,000.
Application for judicial review of OLRB certification decision dismissed; Board's bargaining unit determination was reasonable.
The applicant employer sought judicial review of the Ontario Labour Relations Board's decision to certify a union for a bargaining unit of employees at a specific hotel location.
The employer argued the bargaining unit was inappropriate due to employee interchange across multiple locations and that the Board denied procedural fairness by excluding certain casual employees without an oral hearing.
The Divisional Court dismissed the application, finding the Board's determination of the bargaining unit and employee status was reasonable and fell within its core expertise.
The Court also found no denial of procedural fairness, as the Board provided ample opportunity for written submissions.
