James G. Knight

The appellants appealed a trial judgment finding a binding employment agreement and awarding damages for wrongful dismissal, including Wallace damages.

The appellants argued the trial judge ignored evidence regarding the agreement and that the respondent failed to mitigate his damages by refusing a consulting arrangement.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's credibility assessments and concluding the respondent was not obliged to accept a demeaning consulting arrangement to mitigate his damages.

The applicant union sought judicial review of an arbitrator's decision, arguing it was entitled to notice of the arbitration because the decision affected its attempts to unionize security guards in the film industry.

The Divisional Court dismissed the application, finding the applicant was only indirectly affected by the arbitration and therefore not entitled to notice.

Furthermore, the court held it was inappropriate to proceed with judicial review while parallel proceedings regarding the same issues were pending before the Ontario Labour Relations Board.