- 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 and 32: Page: 25[123] On the basis of the a
- Page 33 and 34: QUEEN’S BENCH FOR SASKATCHEWANDat
- 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: - 15 -supervised by the plaintiff.
- 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
- Page 83 and 84: 12without any knowledge of this and
- Page 85 and 86: 14[41] Various other cases, cited i
- Page 87 and 88: 16[49] There is nothing wrong with
- Page 89 and 90: 182 The foundation of this Act is t
- Page 91 and 92: 20(b) the co-operative auditing of
- Page 93 and 94: - 2 -The Honourable Justice Turnbul
- Page 95 and 96: - 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
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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
- Page 159 and 160:
2011 SCC 20File No.: 32968.2009: De
- Page 161 and 162:
allowed the appeal and declared the
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established. There is no concrete e
- Page 165 and 166:
Section 5 of the AEPA, correctly in
- Page 167 and 168:
pursue, rather than protecting the
- Page 169 and 170:
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
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(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
- Page 197 and 198:
[14] With respect to the particular
- Page 199 and 200:
employees from a collective bargain
- Page 201 and 202:
and to realize common purposes” (
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(b) Dunmore[26] This Court’s deci
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support discredited the organizing
- Page 207 and 208:
[34] Dunmore established that claim
- Page 209 and 210:
[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
- Page 223 and 224:
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
- Page 233 and 234:
[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
- Page 239 and 240:
3. Does s. 3(b.1) of the Labour Rel
- Page 241 and 242:
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
- Page 265 and 266:
ight to bargain because employers a
- Page 267 and 268:
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
- Page 279 and 280:
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
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understanding of freedom of associa
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The voluntary nature of collective
- Page 297 and 298:
equirements it finds to the case be
- Page 299 and 300:
exclusivity and a mechanism for res
- Page 301 and 302:
takes time before the unworkability
- Page 303 and 304:
argain in good faith change these m
- Page 305 and 306:
employee, to make a “take it or l
- Page 307 and 308:
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
- Page 315 and 316:
. . . the freedom to work for the e
- Page 317 and 318:
case at bar (2008 ONCA 760, 92 O.R.
- Page 319 and 320:
[302] As the majority in the instan
- Page 321 and 322:
[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
- Page 339 and 340:
[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
- Page 371 and 372:
Page: 3failure to observe, perform
- Page 373 and 374:
Page: 5offences under the Immigrati
- Page 375 and 376:
Page: 7(5) Interest was payable on
- Page 377 and 378:
Page: 910.08 Should there be a disa
- Page 379 and 380:
Page: 11that the arbitration in que
- Page 381 and 382:
Page: 13[31] In Knox v. Conservativ
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Page: 15The Applicants should not b
- Page 385 and 386:
the court refuses to review the arb
- 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 and 396:
:" .. "Schedule AIN THE MATTER OF A
- Page 397 and 398:
., ....3OVERVIEWTheClaimant, Ms. Co
- 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
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.'37In the year 2000, there was ano
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..39identified anything that she wa
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" .' .,.\1.·....l -,1'.• ,~.,.".