Roderick W. Johansen

The appellant, a construction lien claimant, appealed a Divisional Court decision that granted priority to a $5 million mortgage held by the respondent mortgagee over the appellant's lien.

The central issue was whether the mortgagee was an 'owner' under the Construction Lien Act.

The Court of Appeal allowed the appeal, restoring the trial judge's finding that the mortgagee and the registered owner were indistinguishable and controlled by the same individual.

The Court pierced the corporate veil, finding the mortgagee was an owner under the Act, and therefore its mortgage lost priority to the construction liens under s. 78(1).

The applicant hospital sought judicial review of an arbitrator's decision upholding a grievance by a social worker (OPSEU member) who claimed permanent status in a Court Support Worker position.

The position had been temporarily vacated by a nurse (ONA member) who took a short-term acting manager role.

The Divisional Court found the arbitrator's decision unreasonable because he reversed the onus of proof, ignored compelling evidence that the assignment was temporary, and breached natural justice by failing to give notice of the hearing to the ONA.

The arbitrator's decision was set aside and the matter remitted to a new panel.

The appellant appealed the judgment of the Superior Court of Justice.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's findings of fact and concluding there was no palpable and overriding error in the appreciation of the evidence.

Costs were awarded to the respondent in the amount of $10,000.

The parties resolved multiple applications before the Ontario Labour Relations Board through minutes of settlement.

The unfair labour practice application was withdrawn.

A representation vote resulted in the termination of the union's bargaining rights for the employees of Allco Electrical Ltd. The Board declared Allco and Granite Electrical Ltd. to be related employers and that a sale of business occurred from Allco to Granite.

Finally, a grievance was settled with a directed payment of $22,000 to the union.

The appellants appealed an order prohibiting picketing at or adjacent to the respondent's business premises, arguing the order was ambiguous as to the location of the proscribed picketing.

The Court of Appeal dismissed the appeal, finding the picketing took place at the respondent's business premises and the order's reference to location was clear.

The Court also declined to interfere with the penalties imposed.