M. Klein

The moving parties sought an order allowing the registration of a Certificate of Pending Litigation against recreational real estate near Kenora, Ontario.

The property was transferred two days after the death of the original owner through a right of survivorship and then to the respondent Parks, allegedly as a gift.

The estate trustee and beneficiary challenged the validity of the transfer due to suspicious circumstances and the failure to produce the transfer documents.

The respondents opposed the motion, arguing a full hearing was necessary.

The court granted the Certificate of Pending Litigation, finding the test was met and the purpose of the procedure justified its issuance despite the motion being brought on notice.

The appellant appealed a Small Claims Court decision dismissing his claim against the respondent bank and granting the bank's counterclaim for $10,000 on an outstanding student loan.

The appellant argued he was not in default and was eligible for interest relief and capitalization.

The Divisional Court dismissed the appeal, finding that the appellant had admitted to being in default during the trial and had already exhausted his two permitted interest capitalizations under the applicable regulations.

The applicants sought a review of an Order to Pay issued by an employment standards officer regarding severance pay.

On the day of the hearing, the parties entered into Minutes of Settlement wherein the applicant union agreed to pay $10,000 in severance pay to each of the three responding parties.

The Board issued a consent order reflecting the settlement terms, directed the Ministry of Labour to refund the funds paid into trust, and terminated the applications.

The applicant employer sought a review of an Order to Pay termination and severance pay to two former employees.

The employees were originally employed by a company that was purchased by Cassidy's, which later entered into a strategic alliance with the applicant.

The applicant hired the employees but subsequently terminated them.

The Board found that while the applicant and Cassidy's were not related employers under section 12 of the Employment Standards Act, a sale of part of a business had occurred under section 13.

The applicant was therefore a successor employer and liable for termination and severance pay, though the Board varied the amounts owing based on notice provided and actual salary.

The applicant, a corporate director, appealed an Order to Pay issued against him.

He failed to attend the scheduled hearing.

At the hearing, counsel for the Ministry of Labour advised the Board that the applicant was an undischarged bankrupt, meaning the order was stayed under the Bankruptcy and Insolvency Act.

Consequently, the Board dismissed the application.

The applicant sought a review of two Orders to Pay totaling $73,421.93 under the Employment Standards Act.

The parties reached a settlement agreement.

The Board ordered the applicant's total liability reduced to $22,500, with the Ministry of Labour directed to refund the balance of the funds held in trust to the applicant.

The Ministry was also directed to pay $1,200 to the individual claimant who appeared at the hearing.