COURT OF APPEAL FOR ONTARIO
RE: HARPINDER DEOL (Plaintiff/Respondent) –and– FAIRCHOICE MORTGAGEE CORPORATION and COLLETTE HANDY (Defendant/Appellant)
BEFORE: CATZMAN, ABELLA and SIMMONS JJ.A.
COUNSEL:
Winston G. Mattis for the appellant
No one appearing for the for the respondent
HEARD AND ENDORSED: November 28, 2003
On appeal from the judgment of Justice Christopher M. Speyer of the Superior Court of Justice dated December 20, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The argument made in this case regarding the statutory bar in the Employment Standards Act was neither pleaded nor apparently argued before the motions judge. In view of this, and of the facts in issue, we are of the view that the appeal should be allowed, the summary judgment should be set aside in its entirety and the motion for summary judgment should be dismissed. An order will go accordingly.
2We make no order as to costs.