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Agricultural workers’ exclusion from labour protections violated freedom of association.
The appellants challenged Ontario legislation repealing agricultural labour protections and excluding agricultural workers from the statutory labour relations regime.
The majority held that, in the labour relations context, freedom of association under s. 2(d) may impose a positive obligation where exclusion from protective legislation substantially interferes with the ability of a vulnerable group to organize.
The Court found that the exclusion of agricultural workers from the LRA substantially impeded their capacity to form and maintain employee associations and created a chilling effect on associational activity.
The infringement was not justified under s. 1 because the wholesale exclusion was overly broad and failed minimum impairment.
The appeal was allowed and the declarations of invalidity were suspended for 18 months.
Property tax assessment appeal allowed because the Board incorrectly applied a current value test instead of market value.
The appellant appealed a decision of the Assessment Review Board regarding the property tax assessments for a shopping mall for the 1996 and 1997 taxation years.
The appellant argued the Board erred by failing to use a recent arm's length sale price as the best evidence of market value, and by applying a 'current value' approach rather than a 'market value' approach.
The Divisional Court held that the Board's treatment of the recent sale was a question of mixed fact and law and thus not appealable.
However, the Court found the Board erred in law by applying a 'current value' (unencumbered fee simple) approach, which was introduced by 1997 amendments not applicable to the years in question.
The appeal was allowed and the matter remitted to the Board for redetermination based on the correct 'market value' test.
