5 total
Appeal dismissed; action properly struck as an abuse of process attempting to re-litigate conclusively determined issues.
The appellant appealed an order dismissing her action on the grounds that her re-amended statement of claim was verbose, pleaded evidence, attempted to re-litigate matters finally disposed of, and was an abuse of process.
The appellant also brought a preliminary motion to strike the respondents' affidavits because they were sworn by associates in the same law firms as counsel.
The Court of Appeal dismissed the preliminary motion, finding the affidavits dealt with facts already on the record.
The Court also dismissed the appeal, agreeing with the motion judge that the underlying basis for the appellant's claims—the trustee's right to proceed with the sale of the matrimonial home after the husband's discharge from bankruptcy—had been conclusively determined in earlier proceedings.
Executive director's pattern of sexual harassment toward subordinates constituted just cause for dismissal.
The respondent was dismissed from his position as executive director of the appellant association for sexually harassing female employees.
The trial judge found that the conduct occurred outside the workplace and was consensual, concluding there was no just cause for dismissal.
On appeal, the Court of Appeal overturned the trial judge's decision, finding that the trial judge failed to account for the power imbalance between a supervisor and employees, and erred in characterizing work-related social events as outside the workplace.
The Court held that the respondent's pattern of sexually harassing conduct created an intolerable work environment and constituted just cause for dismissal.
Claim for ongoing income replacement benefits dismissed as applicant failed to establish causation for subsequent back injury.
The applicant was injured in a motor vehicle accident and received income replacement benefits.
He later suffered a back injury while playing tennis and claimed this was an exacerbation of his accident-related injuries, seeking further income replacement benefits.
The arbitrator found that the applicant's own testimony was insufficient to establish causation between the motor vehicle accident and the subsequent back injury.
The claims for ongoing benefits and a special award were dismissed, though the applicant was awarded the costs of the arbitration.
Claim for ongoing weekly income benefits dismissed due to insufficient evidence linking back pain to the motor vehicle accident.
The applicant was injured in a motor vehicle accident and received weekly income benefits until December 1993.
He claimed entitlement to further benefits after suffering a back injury while playing tennis in August 1993, which he alleged was an exacerbation of his accident injuries.
The arbitrator found insufficient evidence linking the subsequent back pain to the motor vehicle accident.
The claims for ongoing weekly income benefits and a special award were dismissed, though the applicant was awarded his arbitration expenses.
Board rejects geographic 'family of schools' bargaining unit for maintenance workers following school board amalgamation.
Following the creation of the Ottawa-Carleton French-Language School Board from parts of four predecessor English-language school boards, multiple unions applied under section 63 of the Labour Relations Act to determine the appropriate bargaining units.
The Board held that a bargaining unit for maintenance workers based on a 'family of schools' was not appropriate, given the statutory assignment of maintenance functions to the full board and the deemed intermingling provisions of Bill 109.
The Board declined to preserve the historical bargaining rights on a geographic basis and confirmed the results of representation votes for office and clerical employees, cafeteria employees, and bus drivers.
