2 total
Judicial review of OLRB decision on successor rights dismissed; awarding rights to avoid jurisdictional conflict reasonable.
The applicants sought judicial review of an Ontario Labour Relations Board decision that denied their successor rights application following the merger of two construction companies.
The Board had awarded bargaining rights for formwork to the Carpenters' Union to avoid jurisdictional conflict, as the merged entity intermingled employees.
The Divisional Court applied the reasonableness standard of review and dismissed the application, finding the Board's decision to avoid jurisdictional conflict under section 69(6)(c) of the Labour Relations Act was justified, transparent, and intelligible.
Volunteer placement termination raised no triable issue and no employment claim.
On competing motions for summary judgment arising from the termination of an unpaid student practicum placement, the court dismissed the plaintiff's action in its entirety.
The court held the plaintiff was an unpaid volunteer rather than an employee and therefore could not advance wrongful dismissal or contractual consequential damages claims.
It further found no viable negligence or tort claim, including no actionable duty to conduct a non-negligent investigation before terminating the volunteer arrangement, and no proof of damages.
The defendant was awarded full indemnity costs because the claim lacked merit and was pursued with improper and inflammatory allegations.
