D. Cowling

The applicant, a chiropractor previously disciplined for professional misconduct, sought an interim stay of an amended College bylaw that disqualified him from running in an upcoming Council election.

The College had recently amended the bylaw to extend the disqualification period for professional misconduct from three to six years, making it effective immediately.

The court applied the RJR-MacDonald test, using the elevated 'strong likelihood of success' standard because the stay would effectively determine the election outcome.

The court dismissed the motion, finding the applicant failed to demonstrate a strong likelihood that the bylaw would be found unreasonable, retrospective, or passed in bad faith on judicial review.

The plaintiff, a manager with 30 years of service, was summarily dismissed after slapping a female subordinate's buttocks in front of other male colleagues.

The plaintiff sued for wrongful dismissal, claiming the touching was accidental and a joke.

The court applied the McKinley contextual analysis and found that the plaintiff's conduct constituted serious sexual harassment.

The court held that the plaintiff's lack of remorse and failure to understand the seriousness of his actions irreparably breached the employment relationship.

The action was dismissed, with the court finding the employer had just cause for termination.