Stephanie Young

The applicant sought judicial review of a labour arbitrator's decision granting a union grievance regarding overtime pay for truck drivers.

The arbitrator found the employer did not qualify for the 60-hour overtime threshold under the highway transport exemption in O. Reg. 285/01 because it did not hold a valid CVOR under the Highway Traffic Act.

The Divisional Court held this interpretation was unreasonable, as the Regulation only required an operating licence under the repealed Truck Transportation Act and did not incorporate Highway Traffic Act requirements.

The application for judicial review was granted, the arbitrator's decision quashed, and the grievance dismissed.

The moving party, a former employee of the respondent hospital, sought to review an order dismissing her motion for a stay and a capacity assessment.

She had a history of attempting to obtain medical opinions stating she lacked legal capacity to conduct proceedings, but no such opinions were provided.

The Court of Appeal found no error in the previous order, noting that the moving party could request her own capacity assessment under the Substitute Decisions Act.

The motion to review and the motion to admit fresh evidence were dismissed.

The defendant moved to strike a self-represented plaintiff's wrongful dismissal claim for failure to disclose a reasonable cause of action and on limitation grounds.

The court held the pleading was vague, uncertain, and failed to identify the essential elements of any recognizable breach of contract or wrongful dismissal claim.

Applying ss. 4 and 5 of the Limitations Act, 2002, the court further held that any claim arising from the alleged failure to contact the plaintiff after re-hiring was discovered in 2010 and the 2014 action was therefore statute-barred.

The motion was granted and the action dismissed with fixed costs.