COURT FILE NO.: 152/07
DATE: 20071203
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, PIERCE AND HACKLAND JJ.
B E T W E E N:
1257707 ONTARIO LIMITED o/a OAKVILLE HONDA
Applicant
- and -
CREYOS BATCHELOR and ONTARIO LABOUR RELATIONS BOARD
Respondents
Paulette S. Haynes, for the Applicant
Robert M. Micheli, for the Respondent, Creyos Batchelor
Voy T. Stelmaszynski, for the Respondent, Ontario Labour Relations Board
HEARD at Toronto: December 3, 2007
CARNWATH J.: (Orally)
[1] The application will be dismissed. The evidence before the Board on the sale of used parts differed as to what the practice was before the arrival of Mr. Geofroy, the new parts manager.
[2] There was evidence from Mr. Batchelor and the former parts manager that the practice was to permit an employee to keep the proceeds from a parts sale. The Board accepted this evidence to support its finding there was a misunderstanding. The Board was entitled to come to this conclusion on the evidence before it.
[3] The Board further found that the other grounds of discharge, even if true, did not amount to willfulness misconduct, disobedience or neglect of duty. Again the Board was entitled to so conclude on the evidence.
[4] I have endorsed the Application Record: “Costs to the Respondent Batchelor fixed at $3,000, inclusive of fees, disbursements and GST. Partial indemnity, payable 30 days. The Ontario Labour Relations Board does not seek costs.”
CARNWATH J.
PIERCE J.
HACKLAND J.
Date of Reasons for Judgment: December 3, 2007
Date of Release: December 4, 2007
COURT FILE NO.: 152/07
DATE: 20071203
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, PIERCE AND HACKLAND JJ.
B E T W E E N:
1257707 ONTARIO LIMITED o/a OAKVILLE HONDA
Applicant
- and -
CREYOS BATCHELOR and ONTARIO LABOUR RELATIONS BOARD
Respondents
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: December 3, 2007
Date of Release: December 4, 2007