2 total
Venue transfer to Kenora granted and actions consolidated; no abuse of process found in commencing competing action.
The plaintiffs brought a motion seeking a declaration that the defendants' commencement of a competing action in Toronto, while the plaintiffs' action was pending in Kenora, was an abuse of process.
In the alternative, the plaintiffs sought to transfer the Toronto action to Kenora and consolidate the proceedings.
The court found no abuse of process but determined that Kenora was the proper venue, as the disputed property was located there and Toronto had no rational connection to the matter.
The court ordered the Toronto action transferred to Kenora and consolidated with the Kenora action.
Employer precluded from raising new successor employer defence years after agreeing to bifurcate related employer liability hearing.
The applicants sought a review of an Order to Pay for termination and severance pay, and the parties agreed to bifurcate the hearing to determine related employer liability under section 12 of the Employment Standards Act first, leaving only quantum issues for later.
After the Adjudicator upheld the section 12 liability and the applicants' judicial review was dismissed, the applicants attempted to raise a new liability defence under section 13 (successor employer) and a new factual defence regarding one employee's resignation.
The Adjudicator refused to permit the new issues to be raised, finding it would cause substantial prejudice to the claimants who had relied on the bifurcation agreement for years.
