2 total
Appeal dismissed as the trial judge made no errors in fact or law.
The appellants appealed the judgment of the trial judge.
The Court of Appeal for Ontario dismissed the appeal, agreeing with the comprehensive reasons of the trial judge.
The court found that the record supported the trial judge's factual findings and found no error in his application of the law to those facts.
Costs were fixed at $15,000.
Common employer and sale of business applications dismissed; reverse onus provisions do not violate Charter.
The applicant union sought declarations under sections 63 and 1(4) of the Labour Relations Act that a sale of a business occurred between Arbis Construction Ltd. and Tony Azar Construction, and that they constituted one employer.
The respondents raised a preliminary objection that the reverse onus provisions in the Act violated section 11 of the Charter.
The Board dismissed the Charter challenge, finding the provisions were merely evidentiary.
On the merits, the Board found that Arbis, an insolvent general contractor, and Azar, a newly formed masonry business, were neither associated or related in their activities nor under common control or direction.
The applications were dismissed.
