Elliot P. Saccucci

The appellant, a provincial women's softball association, appealed a decision ordering it to grant membership to the respondent local baseball association.

The respondent's application had been denied based on operational rules and concerns about player poaching, despite meeting the mandatory membership criteria set out in the appellant's by-laws.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the application judge's interpretation of the by-laws.

The court affirmed that the appellant could not use operational rules or unwritten policies to deny membership to an applicant that met the express by-law criteria.

The respondents requested to add VP Protection Inc. and GDI Services (Canada) LP as respondents, and to remove Cushman & Wakefield Ltd. as a respondent in a human rights application alleging workplace harassment and discrimination.

The Tribunal applied the three-part test for adding respondents and found that both VP Protection and GDI could potentially be held liable for the actions of their employees during the relevant periods.

The Tribunal also found that Cushman & Wakefield Ltd. was a separate corporate entity with no involvement in the facts at issue.

The Tribunal ordered that VP Protection and GDI be added as respondents, and that Cushman & Wakefield Ltd. be removed.

Several tenured professors at McMaster University sought judicial review of a university tribunal decision that found them liable for workplace harassment and contributing to a poisoned work environment.

The tribunal had imposed severe penalties, including three-year unpaid suspensions for three professors.

The Divisional Court dismissed the applicants' procedural fairness and jurisdictional arguments, finding they had consented to the tribunal's procedures and failed to raise timely objections.

However, the Court found the lengthy unpaid suspensions were disproportionate and unreasonable, effectively destroying the employment relationship.

The Court reduced the three-year suspensions to one year, reduced a one-year suspension to one academic term, and ordered compensation in lieu of reinstatement for the affected professors.