Dr. Koka

The employer raised a preliminary objection regarding the timeliness of a grievance alleging workplace harassment and a poisoned work environment.

The union argued the grievance was of a continuing nature, the triggering event was when the grievor went on sick leave, and alternatively, the time limits should be extended under s. 48(16) of the Labour Relations Act due to the grievor's medical incapacity.

The Grievance Settlement Board found the grievance was not continuing and the triggering event was the last alleged incident of harassment.

After hearing medical evidence, the Board concluded the grievor's anxiety and depression did not render him unable to file a timely grievance.

The employer's preliminary motion was upheld and the grievance was dismissed.

The appellant mother appealed a summary judgment order making her child a Crown ward with no access, and placing her other child with a paternal aunt.

The mother argued that her recovery from substance abuse and stabilization of her mental health created a genuine issue for trial regarding her fitness to parent.

The Superior Court of Justice dismissed the appeal, finding that the motion judge correctly applied the test for summary judgment and that the evidence, including parental capacity assessments and the mother's inconsistent progress, supported the conclusion that there was no genuine issue for trial.