Michael Hamilton

The applicant sought to consolidate two human rights applications alleging failure to accommodate and reprisal by the respondent employer.

The respondent argued the second application should be deferred pending the resolution of the first.

The Tribunal found that because the parties and the workplace were the same, and there was an overlap of issues and evidence, it was most fair, just, and expeditious to consolidate the applications.

The applications were ordered consolidated.

The appellant employee appealed the dismissal of his motion for partial summary judgment in a wrongful dismissal action.

He argued that the termination provision in his employment contract was ambiguous, failed to oust his common law entitlement to reasonable notice, and violated the Canada Labour Code.

The Divisional Court dismissed the appeal, finding the contractual language clearly rebutted the common law presumption and did not contravene the Code, as it explicitly incorporated statutory minimums if the contractual severance fell short.