E. R. Murray

The appellant, a federally incorporated board, appealed a decision finding it subject to the Ontario Human Rights Code.

The Supreme Court of Canada dismissed the appeal, holding that the board is not operating under the Peace, Order and Good Government clause or the trade and commerce power, and is therefore subject to provincial human rights legislation.

The Court also rejected the appellant's argument that res judicata deprived the Commission of jurisdiction, as the human rights complaints were not the same cause of action as earlier proceedings before the Federal Court.

The appellants appealed a decision of the Ontario Court of Appeal which held that a Director appointed under section 253 of the Canada Business Corporations Act is entitled to bring an action for compensation on behalf of aggrieved shareholders against both the offeree corporation and its directors for failing to meet statutory disclosure requirements in a directors' circular.

The Supreme Court of Canada dismissed the appeal, adopting the reasons of the Ontario Court of Appeal.

The appellant insurer appealed a decision holding it liable under an insurance policy for goods stolen from a truck driven by a temporary employee of the respondent cartage company.

The insurer argued that the trial judge erred in placing the onus on the insurer to prove the applicability of an exclusion clause for employee infidelity, in finding that infidelity requires more than simple negligence, and in his application of the standard of proof.

The Supreme Court of Canada dismissed the appeal, affirming that the onus is on the insurer to prove an exclusion clause applies, that infidelity imports a moral element, and that requiring a degree of proof commensurate with the gravity of the allegation does not depart from the balance of probabilities standard in civil cases.