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The court dismissed a landlord's motion for summary judgment, ordering a discovery timetable instead.
The plaintiff, CCPS Land Development Ltd., brought a motion for summary judgment, alternatively to strike the defendant's (Capital Sewer Services Inc.) statement of defence and counterclaim, or to compel discovery.
The action concerned damages for alleged breach of a commercial lease.
The court dismissed the summary judgment and striking pleadings requests, finding genuine issues requiring a trial, particularly regarding the condition of the premises, responsibility for repairs, the overholding period, and the relationship between the plaintiff and a subtenant (Uniflo).
The court did grant the request for a discovery timetable and ordered the defendant to pay $6,000 in costs to the plaintiff.
Provincial labour tribunal's power to order reinstatement for unjust dismissal does not violate s. 96.
The appellant employee was dismissed without just cause after ten years of service.
He complained to the Director of Labour Standards, who ordered reinstatement and lost wages under s. 67A of the Labour Standards Code.
The Labour Standards Tribunal upheld this decision.
The employer successfully appealed to the Appeal Division, which held that the provisions conferring this power on the Tribunal violated s. 96 of the Constitution Act, 1867.
On appeal to the Supreme Court of Canada, the Court applied the Residential Tenancies test and held that while the Tribunal exercises a judicial function broadly conformable to that of s. 96 courts at Confederation, it does so as a necessarily incidental aspect of the broader policy goal of providing minimum standards of protection for non-unionized employees.
The appeal was allowed and the legislation was upheld as intra vires the province.
