Ronald Davis

A lawyer employed on a contingency fee commission basis resigned to join a competing firm.

The employer law firm terminated him immediately and sought a declaration that he was not entitled to compensation for unbilled work in progress (WIP) or files settled but not yet collected.

The motion judge found the lawyer was entitled to compensation for both.

On appeal, the Court of Appeal held that while the lawyer was entitled to his share of fees for files settled prior to his departure, the employment contract did not provide for compensation for WIP on files that remained at the firm and were settled after his departure.

The Court also upheld the finding that the lawyer did not breach his duty of good faith by merely planning his departure.

The applicants, OPSEU and Deborah Haring, brought an application under section 61(1) of the Occupational Health and Safety Act against the Ministry of the Solicitor General & Correctional Services and an Inspector.

The parties engaged in mediation and reached Minutes of Settlement addressing health and safety concerns arising from illicit drug use by inmates at the Maplehurst Complex.

The Board issued declarations and orders incorporating the settlement, which required the employer to develop operating procedures for suspected drug use, report quarterly on the effectiveness of unit searches, and consult with the Joint Occupational Health and Safety Committee.

The Board remained seized of any issues regarding the interpretation of the settlement.

The applicant union filed an application under section 96 of the Labour Relations Act to enforce a written settlement regarding the contracting out of offender transportation services.

The responding party employer argued that the settlement did not apply to community escort services at a newly built, privately operated correctional facility.

The Board found that the settlement's language regarding offender transportation services was unqualified and encompassed community escorts at all facilities, including the new one.

The Board declared that the employer violated the settlement and ordered it to amend its Request for Qualifications to retain community escort work for bargaining unit members.

The union applied for certification and filed an unfair labour practice complaint, alleging the employer engaged in intimidation and coercion during the organizing campaign.

The employer threatened to fire employees and shut down the job site if they voted for the union, and closely surveilled employees to prevent contact with union representatives.

The union lost the representation vote.

The Board found the employer blatantly violated the Labour Relations Act.

Due to recent legislative amendments to section 11, the Board could no longer automatically certify the union.

Instead, the Board ordered a second representation vote and granted extensive remedial relief, including union access to employees, a cease and desist order, and payment of the union's organizing costs.

The appellants appealed decisions made by Ministry of Labour inspectors regarding work refusals and staffing assignments at the Whitby Jail under the Occupational Health and Safety Act.

The responding parties brought preliminary motions to dismiss the appeals on the grounds that they were premature and did not establish a prima facie case.

The Board dismissed the preliminary motions, finding that orders had been made or refused by the inspectors, and that the appellants had established an arguable case regarding the application of the Act to the staffing decisions.

In an application for certification by Shopmen's Local 834, the Ontario Labour Relations Board dealt with several preliminary motions.

The Board denied the respondent's request for an adjournment to give notice to other parties, ruling the issue was raised too late.

The Board also denied a request to extend the terminal date due to an intervener application, maintaining its practice of using the original application's dates.

Finally, the Board refused to defer the certification applications pending the outcome of related grievance referrals.

A Board Officer was appointed to conduct a record check regarding the bargaining unit composition.