Hal P. Rolph

EllisDon applied for judicial review of an Ontario Labour Relations Board decision that admitted a photocopy of a 1958 working agreement and found the unions were estopped from enforcing it for only two years.

The Divisional Court held that the OLRB erred in law by admitting the document as a business record or ancient document without assessing its reliability.

Furthermore, the Court found that the OLRB's decision to limit the estoppel to two years was unreasonable, as EllisDon had permanently lost the opportunity to seek a legislative solution.

The Court quashed the OLRB's decision and dismissed the unions' grievances, ruling the estoppel must be permanent.

Five female office employees filed a complaint alleging sex discrimination after their employer, F.W. Woolworth Ltd., froze their wages while granting increases to other staff, including male warehouse workers.

The employer argued the freeze was based on an informal wage survey showing the complainants were paid above market rates for their positions.

The Board of Inquiry applied the Supreme Court's framework for adverse effect discrimination and found that while the complainants were treated differently, there was no evidence linking the wage freeze to their sex.

The complaint was dismissed as the complainants failed to establish a prima facie case of discrimination.