Court of Appeal for Ontario

E.S. Fox Limited v. Hagt

Date: 2000-02-07

Docket: CA C32579

Chris G. Paliare and Lily I. Harmer, for Respondent/Appellant, Martin Hagt.

The judgment of the court was delivered by Catzman J.A.:

[1] Counsel for all parties were agreed that the standard of review applicable to the adjudication’s decision was reasonableness. We agree unanimously with the view of Southey J., who dissented in the Divisional Court, that the interpretion placed by the adjudicator upon the relevant provision of the Employment Standards Act was reasonable. Accordingly, the appeal is allowed and the application for judicial review is dismissed all with costs, including costs of the motion for leave to appeal, payable by the respondent employer to the appellant hagt. There will be no costs in favour of or against the adjudicator.

Appeal allowed.