View cases - Stewart McKelvey

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, ".-42EXHIBITSPIClaimant's exhibit bookP2 Claimant's Supplemental exhibit bookP3 Claimant's Supplemental exhibit book #2D4 Respondents' exhibit bookD5 Package of cheques2010 NSSC 252 (CanLII)D6D7D8D9DIDDllDI2DBDI4DI5StaffPolicy handbookNotice "To All Staff"Performance Appraisal formsJennifer Allan's DiagramTV shop DiagramFindlay Notes re deficienciesCheques & cash chequesCheque StubsFolder foreign worker programDaytimer notes
., ....3OVERVIEWTheClaimant, Ms. Cormierwas a shareholder and an employeeoftheRespondent, SharecareHomesIncorporated (the "Company"). The other shareholders ofthe company were Sharon Nordqvist andKurt Nordqvist.Ms. Cormier was employed by the Company pursuant to the terms of a Manager EmploymentAgreement (the "Employment Agreement" (exhibit PI tab 3). Clause 8 ofthat agreement gave the2010 NSSC 252 (CanLII)Company the right to terminate Ms. Cormier for cause, which was defined as, inter alia, "anymaterial breach ofthe provisions ofthis agreement".There was a Buy Sell Agreement between Ms. Cormier and the Nordqvists dated March 29, 1999(exhibit PI tab 2) to which the Companywas a party. The Buy Sell Agreement provided that on thetermination ofMs. Cormier's employment with the Company, she was to sell her shares to the othershareholders (Clause 9.01). The Agreement provided a mechanism for establishing thevalue oftheshares to be sold (Clause 9.02).Clause 7.03(b)(ii) ofthe Buy Sell Agreement provided that ifMs. Cormier should commit an act of"default" then the price to be paid for her shares would be reduced by 20%. An event ofdefault isdefined in the agreement as a failure to observe, perform or carry out any ofher obligations underthe Employment Agreement.On October 31, 2005, the Company purported to terminate Ms. Cormier for cause (exhibit PI tab39). Ms. Cormier has disputed the Company had cause to terminate her employment and hasclaimed damages for wrongful dismissal. The parties have submitted to me as a sole arbitrator theissue whether the Company had cause to terminate Ms. Cormier's employment and, if not, whatremedy should be provided. In the hea.n..ng and in the subsequent sllbmissions of counsel, bothparties proceeded on the premise that the degree ofdefault that would justify a dismissal for causewould also be the degree ofdefault that would trigger the 20% reduction ofthe purchase price. The
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CITATION: Brito v. Canac Kitchens,
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Page: 3a) What, if any, period of n
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Page: 5[18] Having regard for Canac
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CITATION: Chandran v. National Bank
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Page: 3against him by the employees
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Page: 5the employees who raised the
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Page: 7had no obligation under the
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Page: 9[37] Mr. Chandran’s last j
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Page: 11large number of unsolicited
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Page: 13disciplinary letter against
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Page: 15evidence of acrimony betwee
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Page: 17Toronto office. He admitted
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Page: 19increase in the quantum of
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Page: 21Weissach Motors and MCL Mot
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Page: 23“There can be no catalogu
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Page: 25[123] On the basis of the a
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QUEEN’S BENCH FOR SASKATCHEWANDat
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- 3 -meet his financial obligations
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- 5 -[11] On June 28, 2002, without
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- 7 -and a capital gain of $23,874.
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- 9 -may have delayed commencement
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- 11 -had purchased late in 2001 an
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- 13 -[34] Stated in another way, w
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- 15 -supervised by the plaintiff.
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- 17 -purchasing agent for a compan
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- 19 -sales, conducting retail sale
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- 21 -employment with Bennett Dunlo
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- 23 -[54] The issue was taken up b
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- 25 -59 ... Damages attributable t
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- 27 -not have any information rega
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- 29 -[66] Both Mr. Coppola and Mr.
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- 31 -expense accounts which contai
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- 33 -by the plaintiffs in the abov
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- 35 -Pre-judgment interest[76] Mr.
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- 37 -the six month notice period.
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SummaryFollowing concerns raised by
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2REASONS FOR DECISIONIntroduction[1
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4agreed statement) and also by test
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6e. that it was not his responsibil
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8Department of Labour. The firm adv
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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
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- 4 -[6] The union’s position is
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- 6 -it must be reasonable; (3) it
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- 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
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- 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
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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
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pursue, rather than protecting the
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expression under s. 2(b), so too sh
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Nor did invoking Charter values in
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Per Deschamps J.: The holding in He
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from the legislation was unequivoca
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KMart Canada Ltd., [1999] 2 S.C.R.
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By Abella J. (dissenting)Health Ser
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Adams, Roy J. “Prospects for Labo
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International Labour Organisation.
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Gaétan Migneault and Michelle Brun
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TABLE OF CONTENTSParagraphReasons o
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(b) Qualitative Differences Between
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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
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must not depart from the context of
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ealize common purposes (emphasis ad
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LeBel J., written on behalf of a mi
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(ix) The Argument on Academic Criti
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given a generous and purposive inte
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trade unions should negotiate in go
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[101] Sections 5(6) and (7) are cri
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[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
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[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
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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
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(2) Section 2(d) Protects Freedoms
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[193] The Chief Justice and LeBel J
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as described in Health Services, it
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[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
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[241] It is true that there is a lo
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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 —
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[279] Nonetheless, the Chief Justic
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[283] It is true, as my colleagues
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They base their view on a statement
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. . . the freedom to work for the e
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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
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ound” by s. 2(d) seems to have be
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to Bargain Collectively: The Implic
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cases in which the vulnerability of
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[323] The AEPA was enacted in 2002
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10-1920; Donald D. Carter et al., L
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Agriculture and Food, the Honourabl
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activities of the “employees’ a
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[346] The reason for the protection
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[351] I acknowledge that different
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May 813, does “not differ in any
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argaining, including exclusivity, b
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Page 349 and 350: Solicitor for the intervener the At
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Page 373 and 374: Page: 5offences under the Immigrati
Page 375 and 376: Page: 7(5) Interest was payable on
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Page 379 and 380: Page: 11that the arbitration in que
Page 381 and 382: Page: 13[31] In Knox v. Conservativ
Page 383 and 384: Page: 15The Applicants should not b
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Page 387 and 388: Page: 19(d) the composition of the
Page 389 and 390: Page: 21[49] The Applicant states t
Page 391 and 392: Page: 23[55] In addition, the Respo
Page 393 and 394: Page: 2577.06 (1) Party and party c
Page 395: :" .. "Schedule AIN THE MATTER OF A
Page 399 and 400: ....5The Companybegan business. Inc
Page 401 and 402: 7Subsequently the Jennifer Allan bu
Page 403 and 404: 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.
Page 409 and 410: 15Ms. Cormier decided to set up suc
Page 411 and 412: "17ofthat because of difficulties M
Page 413 and 414: ,.19Ms. Carter was invited to a mee
Page 415 and 416: . .,'21I am also satisfied that the
Page 417 and 418: 23call from Ms. Cormier that Revenu
Page 419 and 420: ,. ."25There is also evidence that
Page 421 and 422: · . ,27Ms. Gallant did no scheduli
Page 423 and 424: . \. .. ~..29Ms. Cormier testified
Page 425 and 426: . '...31the files relating to some
Page 427 and 428: . ",.'933Ms. Cormier testified that
Page 429 and 430: ...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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