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Bank Act release barred claims related to unclaimed bank draft proceeds.
The defendants brought a motion for summary judgment seeking dismissal of a negligence and breach of fiduciary duty claim arising from unclaimed bank draft proceeds that had been transferred to the Bank of Canada pursuant to the Bank Act after remaining unclaimed for ten years.
The plaintiff had recovered the proceeds from the Bank of Canada but claimed damages for lost investment opportunities and expenses incurred in proving entitlement to the funds.
The court held that s. 438(2) of the Bank Act releases a bank from all liability “in respect of” an instrument once the unclaimed proceeds are transferred to the Bank of Canada.
The plaintiff’s claims for costs incurred in recovering the funds and alleged lost interest arose from the bank draft itself and therefore fell within the statutory release.
Summary judgment was granted dismissing the action.
Employers' organization met statutory requirements for accreditation, but certificate withheld pending procedural determination.
The applicant employers' organization applied for accreditation in the construction industry under section 125 of the Labour Relations Act.
The Board found that the applicant was a properly constituted employers' organization and that the proposed unit of employers was appropriate for collective bargaining.
The Board determined that the applicant represented a majority of the employers in the unit, who in turn employed a majority of the employees affected.
Although all statutory requirements for accreditation were met, the Board withheld the issuance of the certificate pending a determination on whether it would continue its practice of compiling a Final Schedule 'F' of employers.
Applications for consent to prosecute and cease-and-desist direction dismissed as picketing did not constitute a strike.
The applicant employer filed applications for a consent to prosecute and a cease-and-desist direction against the respondent union and several individuals, alleging an unlawful strike arising from picketing at the applicant's premises.
The Ontario Labour Relations Board dismissed the applications, finding that no employees failed to perform their scheduled shifts and therefore no "strike" within the meaning of the Labour Relations Act had occurred.
A dissenting board member would have granted the requested order, arguing that the concerted activity was designed to restrict or limit output by dissuading the public from patronizing the restaurant.
