Who is Suzanne M. Porter?

Suzanne M. Porter is an Ontario lawyer with 4 court cases on record from 2012 to 2016.

What courts has Suzanne M. Porter appeared in?

Suzanne M. Porter has appeared in Court of Appeal, Superior Court of Justice, Divisional Court, with most appearances at the Court of Appeal.

How many cases has Suzanne M. Porter handled?

Suzanne M. Porter has 4 cases on record from 2012 to 2016.

What judges has Suzanne M. Porter appeared before?

Suzanne M. Porter has most frequently appeared before Justice Peter B. Hockin, Justice Todd Ducharme, Justice Kathryn N. Feldman.

Suzanne M. Porter

4 total

SCJSep 16, 2016

Wrongful dismissal claim dismissed because the plaintiff lawyer was a partner, not an employee.

The plaintiff, a lawyer, sued her former law firm for wrongful dismissal, asserting she was an employee.

The defendant firm contended she was a partner.

The court applied the "substance over form" principle to determine the true nature of the relationship, examining factors such as participation in firm management, access to financial information, tax filings, and benefits.

The court concluded that the plaintiff was a partner, not an employee, and therefore dismissed her claim for wrongful dismissal.

Daniel v Miller, Canfield, Paddock and Stone LLP, 2016 ONSC 5712

Respondent Counsel

OCANov 20, 2012

Appeal dismissed; OLRB reasonably found school board's construction management activities constituted operating a business in the construction industry.

The Greater Essex County District School Board appealed a Divisional Court decision upholding an Ontario Labour Relations Board (OLRB) ruling.

The OLRB found that the school board's construction management activities fell within the definition of 'construction industry' under the Ontario Labour Relations Act, and that receiving compensation for these activities constituted operating a business.

The OLRB also found the school board and other property owners were 'unrelated persons' under the 'non-construction employer' definition.

The Court of Appeal dismissed the appeal, finding the OLRB's decision reasonable and its reasons sufficient.

Greater Essex County District School Board v. International Brotherhood of Electrical Workers, Local 773, 2012 ONCA 791

Applicant Counsel

ODCOct 3, 2012

Judicial review dismissed; OLRB reasonably found HR secretaries were not excluded from the bargaining unit.

The applicant school board sought judicial review of an Ontario Labour Relations Board decision finding that Human Resources Secretaries were not excluded from the bargaining unit under s. 1(3)(b) of the Labour Relations Act, 1995.

The Divisional Court held that the Board reasonably interpreted the provision as requiring the confidential capacity to relate to the specific bargaining unit in which the employee would be a member, to avoid a conflict of loyalty.

The application for judicial review was dismissed.

Greater Essex County District School Board v. Canadian Union of Public Employees, Local 1348, 2012 ONSC 5591

Applicant Counsel

OCAJul 10, 2012

OLRB cannot use s. 133 of the Labour Relations Act to extend mandatory collective agreement timelines for referring a grievance to arbitration.

The Union appealed a Divisional Court decision that quashed an Ontario Labour Relations Board (OLRB) decision.

The OLRB vice-chair had ruled that he had jurisdiction under s. 133 of the Labour Relations Act, 1995 to extend the time for referring a grievance to arbitration, despite the mandatory 14-day time limit in the collective agreement having expired.

The Divisional Court found this decision unreasonable, holding that once the time limit expired, the grievance was deemed settled and there was nothing left to refer to arbitration.

The Court of Appeal dismissed the Union's appeal, agreeing with the Divisional Court that the OLRB's interpretation of s. 133 was unreasonable and that the OLRB cannot ignore the express mandatory timelines in a collective agreement.