Owen Young

The employer, Great Blue Heron Gaming Company, and the Mississaugas of Scugog Island First Nation brought motions to stay a decision of the Ontario Labour Relations Board (OLRB) pending judicial review.

The OLRB had determined that the Ontario Labour Relations Act applied to the employer's casino operations on the reserve, rejecting the First Nation's argument that its own Labour Code applied pursuant to aboriginal rights under s. 35 of the Constitution Act, 1982.

The Divisional Court dismissed the stay motions, finding that while there was a serious issue to be tried, the applicants failed to demonstrate irreparable harm, and the balance of convenience favoured allowing collective bargaining to proceed for the 800 employees who had voted for union representation over a year prior.

The respondent husband made claims against his deceased wife's estate for contributions made to a duplex owned by the wife.

The parties had an oral agreement that the husband would acquire a half interest upon paying half the purchase price through monthly installments, but the wife died before payments were completed.

The husband also performed extensive maintenance and renovations.

The Supreme Court of Canada dismissed the estate's appeal, holding that while the Family Law Reform Act did not apply to deceased spouses, the husband was entitled to the return of his payments in quasi-contract and compensation for his services based on the doctrine of constructive trust and unjust enrichment.