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Registrar directed not to revoke dealer registrations; no clear proof of condition breaches found.
The Registrar issued a Notice of Proposal to revoke the registrations of the corporate applicant as a motor vehicle dealer and the individual applicant as a salesperson, alleging they breached conditions of their registrations by allowing an unregistered individual to be involved in their business.
The Licence Appeal Tribunal found that the Registrar failed to provide clear and convincing proof of the alleged breaches.
The Tribunal concluded that the applicants' past conduct did not afford reasonable grounds for belief that they would not carry on business in accordance with the law and with honesty and integrity.
The Tribunal directed the Registrar not to carry out the proposal.
Insurer may choose medical examiner but cannot compel distant travel or unjustified functional capacities evaluation.
The insurer sought an order requiring the insured to attend an independent medical examination in London and a functional capacities evaluation at the Canadian Back Institute.
The arbitrator held that the insurer could choose its medical examiner, but it was unreasonable to require the insured to travel from Windsor to London for the examination.
The arbitrator also dismissed the request for a functional capacities evaluation, finding no evidence that the chosen doctor required an assessment by an undesignated health professional to assist in evaluating the insured's condition.
Union breached duty of fair representation by perfunctorily withdrawing discharge grievance without consulting the grievor.
The complainant alleged that the union breached its duty of fair representation under section 68 of the Labour Relations Act by withdrawing his discharge grievance without adequate investigation.
The complainant had been terminated for absence without a satisfactory reason, despite providing medical notes.
The union withdrew the grievance after a doctor could not verify the illness for the entire period, but failed to contact other doctors or consult the complainant before doing so.
The Board found the union's conduct to be perfunctory and arbitrary.
The Board ordered the grievance to proceed to arbitration, with the union liable for a portion of any resulting compensation due to its breach and the complainant's delay.
