Court File and Parties
COURT FILE NO.: 618/03
DATE: 20040330
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
MACFARLAND, WILSON AND SWINTON JJ.
B E T W E E N:
SLAVTCHO PETROV DETCHEV Applicant
- and -
ONTARIO LABOUR RELATIONS BOARD, THE MINISTRY OF LABOUR – LEGAL SERVICES, CANADIAN FEED SCREWS MFG. LTD. Respondents
In Person Voy Stelmaszynski, for the Respondent, Ontario Labour Relations Board Eric del Junco, for the Respondent, Ministry of Labour Alan Freedman, for the Respondent, Canadian Feed Screws Mfg. Ltd.
HEARD: March 30, 2004
Oral Reasons for Judgment
SWINTON J.: (Orally)
[1] The applicant seeks judicial review of a decision of the Ontario Labour Relations Board dismissing an appeal from the refusal of an Employment Standards Officer to issue an Order to Pay. The Board determined that the applicant had resigned and that he was not constructively dismissed.
[2] The standard of review of a decision of the Board interpreting and applying the provisions of the Employment Standards Act is reasonableness. See Maple Leaf Foods v. Alejandro, 1999 2908 (ON CA), [1999] O.J. No. 1790 (C.A.) at paras. 20-21.
[3] The Board’s conclusion that the applicant quit his employment on November 22nd, 1999 is supported by the evidence outlined in paragraph 27 of the factum of the respondent Canadian Feed Screws Mfg. Ltd. There is also evidence to support the conclusion that asking the applicant to perform the grinding operations that day was not a fundamental or substantial change in his employment terms. Therefore, the decision of the Board was reasonable and the application for judicial review is dismissed.
MACFARLAND J.
[4] The application record will read as follows: “For oral reasons given this day, the application is dismissed. Neither the OLRB nor the MOL seek costs and none are awarded. Costs to the respondent Canadian Feed Screws Mfg. Ltd. are fixed in the sum of $1,000.00, if demanded in view of the applicant’s financial difficulties and the fact that he has been on welfare for the past 3 years.”
MACFARLAND J.
WILSON J.
SWINTON J.
Date of Reasons for Judgment: March 30, 2004 Date of Release: April 5, 2004
COURT FILE NO.: 618/03
DATE: 20040330
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
MACFARLAND, WILSON AND SWINTON JJ.
B E T W E E N:
SLAVTCHO PETROV DETCHEV Applicant
- and -
ONTARIO LABOUR RELATIONS BOARD, THE MINISTRY OF LABOUR – LEGAL SERVICES, CANADIAN FEED SCREWS MFG. LTD. Respondents
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: March 30, 2004
Date of Release: April 5, 2004