4 total
Whistleblower reprisal complaints dismissed; employer established bona fide reasons for suspension and contract non-renewal.
The complainant, a contract Operational Manager at a correctional complex, alleged that his suspension pending investigation and the subsequent non-renewal of his contract were reprisals for reporting a colleague's time theft to the Deputy Minister.
The employer maintained that the suspension was a bona fide response to allegations that the complainant had unauthorized access to restricted keys and areas, and that the contract was not renewed because the complainant declined offers to work at other institutions due to his fears of the 'Code of Silence'.
The Board dismissed the complaints, finding that the employer's actions were motivated by legitimate managerial concerns rather than a desire to punish the complainant for his disclosure of wrongdoing.
Costs of $4,000 awarded to the successful respondent following written submissions.
The court issued an endorsement as to costs following an appeal.
Having reviewed the written submissions from both parties, the court fixed the costs payable to the successful respondent at $4,000.
Rent increase targeting only pet owners found to be an impermissible penalty interfering with reasonable enjoyment.
The landlord appealed a Landlord and Tenant Board decision that found a 9 percent rent increase levied exclusively against pet-owning tenants was an impermissible penalty under the Residential Tenancies Act, 2006.
The Board held that this penalty substantially interfered with the tenant's reasonable enjoyment of the rental unit and awarded a rent abatement.
The Divisional Court dismissed the appeal, finding the Board's decision was reasonable and that the Board properly looked at the real substance of the rent increase.
Arbitration application dismissed as premature because no substantive dispute existed between the parties.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
He sought a declaration at arbitration regarding his entitlement to payment for expenses incurred by his rehabilitation case manager for communicating with his solicitors, despite all accounts having been paid in full by the insurer.
The insurer objected on the basis that there was no substantive dispute.
The arbitrator dismissed the application, finding that an arbitrator has no jurisdiction under the Insurance Act to make pronouncements or issue guidelines in the absence of a specific dispute over entitlement or quantum of benefits.