3 total
Motion to strike granted in part; most independent tort claims against individual employees struck with leave to amend.
The defendants brought a motion to strike several causes of action from the plaintiff's wrongful dismissal and workplace harassment claim.
The court struck the claims against the individual defendants for breach of fiduciary duty, failure to provide a safe work environment, harassment, and discrimination under the Human Rights Code, finding they were not properly pleaded as independent torts or lacked material facts.
The claim against the employer for failure to provide a safe work environment was also struck.
The court allowed the claim for intentional infliction of mental suffering against one individual defendant to proceed.
The plaintiff was granted leave to amend the struck claims.
Judicial review of OLRB decision dismissing duty of fair representation complaint denied.
The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his claim that his union breached its duty of fair representation.
The applicant alleged bias and bad faith by a union representative who refused to seek judicial review of a dismissed grievance.
The Divisional Court found the Board's decision reasonable, noting no evidence of bias or bad faith.
The court also dismissed allegations of procedural fairness and bias against the Board Vice-Chair, finding the consultation process was permitted under the Labour Relations Act.
The application for judicial review was dismissed with costs awarded to the union.
Judicial review dismissed; Tribunal reasonably found employer not vicariously liable for employee's unauthorized privacy breach.
The applicant sought judicial review of a Grievance Settlement Board decision dismissing a grievance that sought to hold the employer vicariously liable for a fellow employee's tort of intrusion upon seclusion.
The fellow employee had used the employer's equipment to access the grievor's Employment Insurance records.
The Divisional Court held that the applicable standard of review was reasonableness.
Applying the principles from Bazley v Curry, the court found the Tribunal's conclusion that the wrongful act was not sufficiently related to conduct authorized by the employer to be reasonable.
The application for judicial review was dismissed.
