DATE: 20010601 DOCKET:C34694

COURT OF APPEAL FOR ONTARIO

RE:

RANDY GONYOU (Plaintiff (Appellant)) and NOVA CHEMICALS (Defendant (Respondent))

BEFORE:

McMurtry C.J.O., Abella and Goudge J.A.

COUNSEL:

D. John Kirby

For the appellant

Carolyn L. Kay-Aggio and Gordon L. Fitzgerald

For the respondent

HEARD:

May 25, 2001

On appeal from the order of Justice Robert M.P. Daudlin dated June 21, 2000.

E N D O R S E M E N T

Released Orally May 25, 2001

[1] The appellant concedes that he cannot enforce the rights he asserts from the protocol once the collective agreement commenced on August 4, 1999. His claim for a declaration relating to the time frame after that date would engage the court in addressing a purely hypothetical question with no practical effect and was therefore properly struck.

[2] As to the time frame between May and August 4, 1999, the statement of claim makes no clear assertion of right based on that time frame and therefore cannot stand.

[3] However, in our view, if the plaintiff had individual contractual rights for that time frame they were not erased by the making of this particular collective agreement. We would therefore dismiss the appeal but give leave to the appellant to amend if instructed to confine his claim to the May to August 4, 1999 time frame.

[4] We would note that the respondent does not argue the freeze provisions of the Ontario Labour Relations Act.

[5] No costs.

“R.R. McMurtry C.J.O.”

“R.S. Abella J.A.”

“S.T. Goudge J.A.”