G. Dimitriou

The corporate defendant appealed an order striking its statement of defence for failing to comply with an interlocutory order requiring it to retain new counsel or obtain leave to be represented by a non-lawyer.

The Divisional Court dismissed the appeal, finding the motion judge made no error in concluding the defendant's recalcitrance and failure to comply with the clear terms of the order warranted the severe penalty of striking its pleadings.

The applicant union sought a declaration under section 1(4) of the Labour Relations Act that Georgian Construction, Georgian Group, Cresmark, and Krestmark constituted one employer.

The Board found that Georgian Construction, Georgian Group, and Cresmark carried on associated or related activities in the residential sector of the construction industry under common control or direction.

The Board exercised its discretion to issue a related employer declaration to prevent the erosion of the union's bargaining rights.

The application was dismissed as against Krestmark, which was not a construction company.