L. Spodek

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The applicant's former representative commenced an action in Small Claims Court for caregiver and housekeeping benefits while simultaneously pursuing medical and examination benefits at the Financial Services Commission of Ontario, constituting venue-splitting.

The Small Claims Court dismissed the action with costs against the representative.

The insurer brought a motion at the Commission for expenses related to its motion to address the venue-splitting and abuse of process.

The arbitrator awarded the insurer $1,000 in expenses, finding the motion was justified and holding the applicant responsible for the consequences of his former representative's mishandling of the claims.

The applicant union brought an application under section 55 of the Labour Relations Act, alleging that the respondent was the successor employer of a tavern business.

The respondent had previously sold the business to a numbered company but resumed management and control after the purchaser defaulted on its payments.

The Board held that the resumption of control constituted a 'sale' within the meaning of section 55, as it fell within the broad definition of 'any other manner of disposition'.

The Board declared the respondent bound by the collective agreement.

The Board also declined to award costs against the respondent for an earlier adjournment, noting its general practice against awarding costs as a penalty.