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CITATION: Chandran v. National Bank, 2011 ONSC 777COURT FILE NO.: 07-CV-343593PD2DATE: 20110426ONTARIOSUPERIOR COURT OF JUSTICEBETWEEN:Adrian Chandran2011 ONSC 777 (CanLII)Plaintiff– and –National Bank of CanadaDefendantREASONS FOR JUDGMENTPollak J.Released: April 26, 2011
QUEEN’S BENCH FOR SASKATCHEWANDate: 20110831Docket: QBG 208 of 2003Judicial Centre: ReginaBETWEEN:SERGIO COPPOLA- and -Citation: 2011 SKQB 318PLAINTIFF2011 SKQB 318 (CanLII)CAPITAL PONTIAC BUICK CADILLAC GMC LTD.DEFENDANTCounsel:Mervin C. PhillipsTimothy W. Stodalka and Megan K. Milanifor the plaintifffor the defendantJUDGMENT CHICOINE J.August 31, 2011INTRODUCTION[1] The plaintiff, Sergio Coppola (“Mr. Coppola”), brings this action against thedefendant, Capital Pontiac Buick Cadillac GMC Ltd. (“Capital Pontiac”), for unjustdismissal. In addition to loss of salary and benefits, Mr. Coppola also claims damages for
Page 1 and 2: CITATION: Brito v. Canac Kitchens,
Page 3 and 4: Page: 3a) What, if any, period of n
Page 5 and 6: Page: 5[18] Having regard for Canac
Page 7 and 8: CITATION: Chandran v. National Bank
Page 9 and 10: Page: 3against him by the employees
Page 11 and 12: Page: 5the employees who raised the
Page 13 and 14: Page: 7had no obligation under the
Page 15 and 16: Page: 9[37] Mr. Chandran’s last j
Page 17 and 18: Page: 11large number of unsolicited
Page 19 and 20: Page: 13disciplinary letter against
Page 21 and 22: Page: 15evidence of acrimony betwee
Page 23 and 24: Page: 17Toronto office. He admitted
Page 25 and 26: Page: 19increase in the quantum of
Page 27 and 28: Page: 21Weissach Motors and MCL Mot
Page 29 and 30: Page: 23“There can be no catalogu
Page 31: Page: 25[123] On the basis of the a
Page 35 and 36: - 3 -meet his financial obligations
Page 37 and 38: - 5 -[11] On June 28, 2002, without
Page 39 and 40: - 7 -and a capital gain of $23,874.
Page 41 and 42: - 9 -may have delayed commencement
Page 43 and 44: - 11 -had purchased late in 2001 an
Page 45 and 46: - 13 -[34] Stated in another way, w
Page 47 and 48: - 15 -supervised by the plaintiff.
Page 49 and 50: - 17 -purchasing agent for a compan
Page 51 and 52: - 19 -sales, conducting retail sale
Page 53 and 54: - 21 -employment with Bennett Dunlo
Page 55 and 56: - 23 -[54] The issue was taken up b
Page 57 and 58: - 25 -59 ... Damages attributable t
Page 59 and 60: - 27 -not have any information rega
Page 61 and 62: - 29 -[66] Both Mr. Coppola and Mr.
Page 63 and 64: - 31 -expense accounts which contai
Page 65 and 66: - 33 -by the plaintiffs in the abov
Page 67 and 68: - 35 -Pre-judgment interest[76] Mr.
Page 69 and 70: - 37 -the six month notice period.
Page 71 and 72: SummaryFollowing concerns raised by
Page 73 and 74: 2REASONS FOR DECISIONIntroduction[1
Page 75 and 76: 4agreed statement) and also by test
Page 77 and 78: 6e. that it was not his responsibil
Page 79 and 80: 8Department of Labour. The firm adv
Page 81 and 82: 10that “the buck stopped with me
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12without any knowledge of this and
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14[41] Various other cases, cited i
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16[49] There is nothing wrong with
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182 The foundation of this Act is t
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20(b) the co-operative auditing of
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- 2 -The Honourable Justice Turnbul
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- 2 -concluded that, while the mill
Page 97 and 98:
- 4 -[6] The union’s position is
Page 99 and 100:
- 6 -it must be reasonable; (3) it
Page 101 and 102:
- 8 -the majority relied in part on
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- 10 -Taken with the low testing ra
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- 12 -should depart from those prec
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- 14 -IV.Issues - AnalysisA. Introd
Page 109 and 110:
- 16 -distinguished any analogy bet
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- 18 -industry. The lead case appea
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- 20 -rather than a reactive, appro
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- 22 -employers of the burden of de
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- 24 -Canada, Local 0004, supra. Al
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- 26 -C. Summary Observations on th
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- 28 -hazardous materials to variou
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IN THE COURT OF QUEEN’S BENCH OF
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2assistance and remain employed. Ki
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4a) there is a strong prima facie c
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6discrimination. The letter also st
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8applicable guidelines. He was give
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10Correct Legal Test[15] Killam’s
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12position. However, because of the
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Page: 2FACTS[2] The respondent is a
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Page: 4REASONS OF THE APPLICATION J
Page 141 and 142:
Page: 6trade, certain of such coven
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Page: 8[17] It is convenient to rep
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Page: 10duties for the Company or w
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Page: 12[30] Effectively, because t
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SUPREME COURT OF NOVA SCOTIACitatio
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Page: 341. In every proceeding comm
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Page: 5[8] There is ample case auth
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Page: 7some amount be awarded for p
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NOTE: This document is subject to e
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2011 SCC 20File No.: 32968.2009: De
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allowed the appeal and declared the
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established. There is no concrete e
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Section 5 of the AEPA, correctly in
Page 167 and 168:
pursue, rather than protecting the
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expression under s. 2(b), so too sh
Page 171 and 172:
Nor did invoking Charter values in
Page 173 and 174:
Per Deschamps J.: The holding in He
Page 175 and 176:
from the legislation was unequivoca
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KMart Canada Ltd., [1999] 2 S.C.R.
Page 179 and 180:
By Abella J. (dissenting)Health Ser
Page 181 and 182:
Adams, Roy J. “Prospects for Labo
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International Labour Organisation.
Page 185 and 186:
Gaétan Migneault and Michelle Brun
Page 187 and 188:
TABLE OF CONTENTSParagraphReasons o
Page 189 and 190:
(b) Qualitative Differences Between
Page 191 and 192:
yThe judgment of McLachlin C.J. and
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majority of this Court found a brea
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[10] The UFCW also attempted to bar
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[14] With respect to the particular
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employees from a collective bargain
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and to realize common purposes” (
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(b) Dunmore[26] This Court’s deci
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support discredited the organizing
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[34] Dunmore established that claim
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[38] The decision in Health Service
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[42] The Court in Health Services e
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impugned law or state action has th
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[51] In our view, the majority deci
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Indeed, the fact that Health Servic
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[64] Consistent with this framework
Page 221 and 222:
must not depart from the context of
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ealize common purposes (emphasis ad
Page 225 and 226:
LeBel J., written on behalf of a mi
Page 227 and 228:
(ix) The Argument on Academic Criti
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given a generous and purposive inte
Page 231 and 232:
trade unions should negotiate in go
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[101] Sections 5(6) and (7) are cri
Page 235 and 236:
[107] These considerations lead us
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protections would be inappropriate
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3. Does s. 3(b.1) of the Labour Rel
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of s. 2(d) employers “must engage
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per Dickson C.J. in dissent; R. v.
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3. A prior decision that creates un
Page 247 and 248:
[137] Professor Debra Parkes has su
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[140] In the case of Health Service
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[145] Third, the constitutionalizat
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“recognized that under most Canad
Page 255 and 256:
constitutionalize collective bargai
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[159] In addition, the Court was ag
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or effect of a measure when determi
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. . . the state must not substantia
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[173] First, the collective bargain
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ight to bargain because employers a
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incapable of being performed by an
Page 269 and 270:
(2) Section 2(d) Protects Freedoms
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[193] The Chief Justice and LeBel J
Page 273 and 274:
as described in Health Services, it
Page 275 and 276:
[204] Health Services rejected the
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associations must receive identical
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Health Services would in fact be co
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[217] In response to this argument,
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The question at stake in this appea
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constitutional law the particular f
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can, then we must seriously questio
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[235] The labour history offered in
Page 291 and 292:
[241] It is true that there is a lo
Page 293 and 294:
understanding of freedom of associa
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The voluntary nature of collective
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equirements it finds to the case be
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exclusivity and a mechanism for res
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takes time before the unworkability
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argain in good faith change these m
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employee, to make a “take it or l
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obligations, and Charter values —
Page 309 and 310:
[279] Nonetheless, the Chief Justic
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[283] It is true, as my colleagues
Page 313 and 314:
They base their view on a statement
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. . . the freedom to work for the e
Page 317 and 318:
case at bar (2008 ONCA 760, 92 O.R.
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[302] As the majority in the instan
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[305] All that was required by the
Page 323 and 324:
ound” by s. 2(d) seems to have be
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to Bargain Collectively: The Implic
Page 327 and 328:
cases in which the vulnerability of
Page 329 and 330:
[323] The AEPA was enacted in 2002
Page 331 and 332:
10-1920; Donald D. Carter et al., L
Page 333 and 334:
Agriculture and Food, the Honourabl
Page 335 and 336:
activities of the “employees’ a
Page 337 and 338:
[346] The reason for the protection
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[351] I acknowledge that different
Page 341 and 342:
May 813, does “not differ in any
Page 343 and 344:
argaining, including exclusivity, b
Page 345 and 346:
accordance with a bargaining regime
Page 347 and 348:
5. (1) The employer shall give an e
Page 349 and 350:
Solicitor for the intervener the At
Page 351 and 352:
CLIENT UPDATELABOUR & EMPLOYMENT LA
Page 369 and 370:
SUPREME COURT OF NOVA SCOTIACitatio
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Page: 3failure to observe, perform
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Page: 5offences under the Immigrati
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Page: 7(5) Interest was payable on
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Page: 910.08 Should there be a disa
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Page: 11that the arbitration in que
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Page: 13[31] In Knox v. Conservativ
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Page: 15The Applicants should not b
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the court refuses to review the arb
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Page: 19(d) the composition of the
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Page: 21[49] The Applicant states t
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Page: 23[55] In addition, the Respo
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Page: 2577.06 (1) Party and party c
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:" .. "Schedule AIN THE MATTER OF A
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., ....3OVERVIEWTheClaimant, Ms. Co
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....5The Companybegan business. Inc
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7Subsequently the Jennifer Allan bu
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9She was then given a letter dated
Page 405 and 406:
· ,111. Ms. Cormier knowingly cont
Page 407 and 408:
13Mr. Nordqvist testified that Ms.
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15Ms. Cormier decided to set up suc
Page 411 and 412:
"17ofthat because of difficulties M
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,.19Ms. Carter was invited to a mee
Page 415 and 416:
. .,'21I am also satisfied that the
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23call from Ms. Cormier that Revenu
Page 419 and 420:
,. ."25There is also evidence that
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· . ,27Ms. Gallant did no scheduli
Page 423 and 424:
. \. .. ~..29Ms. Cormier testified
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. '...31the files relating to some
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. ",.'933Ms. Cormier testified that
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...35environment including any lack
Page 431 and 432:
.'37In the year 2000, there was ano
Page 433 and 434:
..39identified anything that she wa
Page 435 and 436:
" .' .,.\1.·....l -,1'.• ,~.,.".
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