2 total
Motion to strike defence for non-compliance dismissed; defendant given final chance due to plaintiffs' historical delay.
The plaintiffs brought a motion to strike the remaining defendant's statement of defence for failing to comply with a court-ordered timetable.
The defendant had ignored the timetable while pursuing an appeal of the order, without seeking a stay.
The court found the defendant's deliberate non-compliance unacceptable but declined to strike the defence, noting the plaintiffs' own six-year delay in moving the action forward.
The motion to strike was dismissed, and an amended timetable was ordered.
Judicial review of Labour Relations Board single employer declaration dismissed as improper collateral attack.
The applicants sought judicial review of an Ontario Labour Relations Board decision declaring them to be a single employer bound by a collective agreement and liable for damages.
The applicants argued procedural unfairness and challenged the Board's earlier certification and grievance decisions.
The Divisional Court dismissed the application, finding it to be an improper collateral attack on previous Board decisions.
The Court held that the Board's procedures were fair and its calculation of damages, based on established principles for breaches of union security provisions in the construction industry, was reasonable.
