2 total
Motion to preemptively dismiss a summary judgment motion and prohibit oral evidence denied as premature.
The plaintiff brought a motion seeking to dismiss the defendant insurer's upcoming summary judgment motion and to prohibit the calling of oral evidence at that hearing.
The plaintiff argued that conflicting evidence regarding his employment status and vehicle use created credibility issues requiring a trial.
The court dismissed these requests, finding it premature to dismiss the summary judgment motion before cross-examinations were completed.
The court also held that it lacked jurisdiction to usurp the motion judge's authority under Rule 20.04 to decide whether oral evidence is necessary to resolve the dispute.
Motion to defer unfair labour practice complaint to arbitration dismissed as statutory rights were engaged.
The union filed an unfair labour practice complaint alleging that the employer bargained in bad faith and committed reprisals by abolishing the Quality Assurance Inspector positions after a successful classification grievance and salary arbitration.
The employer brought a preliminary motion requesting the Board to defer the matter to the Grievance Settlement Board.
The Board declined to defer, finding that the allegations involved significant statutory rights under the Labour Relations Act that were not essentially contractual in nature, and that the remedial powers of the arbitrator might be inadequate to address the alleged bad faith bargaining and anti-union animus.
