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CITATION: Brito v. Canac Kitchens, 2011 ONSC 1011COURT FILE NO.: 05-CV-294379 PD1DATE: 20110217BETWEEN:ONTARIOSUPERIOR COURT OF JUSTICEFRANK BRITO, RENE FIGUEROA, BRUNO LAGO,ALBINO MELO, LUIS ROMERO OLGUIN,EDUARDO STURLA-HORTAL, KIM LY TIEN ANDSOUHEIL (SAM) WAHAB2011 ONSC 1011 (CanLII)Plaintiffs– and –CANAC KITCHENS A DIVISION OF KOHLERCANADA CO., COMPAGNIE KOHLER CANADAREASONS FOR DECISIONDefendantECHLIN J.Released: February 18, 2011
CITATION: Chandran v. National Bank, 2011 ONSC 777COURT FILE NO.: 07-CV-343593PD2DATE: 20110426ONTARIOSUPERIOR COURT OF JUSTICEBETWEEN: ))Adrian Chandran– and –National Bank of CanadaPlaintiffDefendant))))))))))William Gale, for the PlaintiffMalcolm MacKillop/Hendrik T. Nieuwland,for the Defendant))) HEARD: January 24, 25, 26, 27 and 28,20112011 ONSC 777 (CanLII)POLLAK J.REASONS FOR DECISION[1] Adrian Chandran (“Mr. Chandran”), the Plaintiff, started employment with NationalBank of Canada (“the Bank”), the Defendant, in 1989 as an account trainee. He was promotedto: assistant branch manager; financial services manager in Markham; branch manager inRichmond Hill; micro-Regional Manager in Toronto; Accounts Manager in Brampton; managerof national accounts in downtown Toronto; and finally, to senior manager in Vaughan. Eachnew position had increased compensation and responsibilities. He received excellentperformance reviews in these positions and was consistently rated as performing “aboveexpectations”, -- the highest level.[2] In May of 2006 Mr. Chandran was promoted to his last position, as senior manager of theVaughan Commercial Banking Centre, with five indirect reports and six employees reporting tohim. His base salary was $95,000 and he was eligible for an annual bonus based on the Bank’syear end result, with his target set at 50% of base salary. He reported to the Vice-President ofOntario Commercial Banking, Mr. Gary Flowers. His last day of employment with the Bankwas on September 12, 2007. His length of service was eighteen years and two months.
Page 1 and 2: CITATION: Brito v. Canac Kitchens,
Page 3 and 4: Page: 3a) What, if any, period of n
Page 5: Page: 5[18] Having regard for Canac
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 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
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- 27 -not have any information rega
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- 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.
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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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accordance with a bargaining regime
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5. (1) The employer shall give an e
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Solicitor for the intervener the At
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CLIENT UPDATELABOUR & EMPLOYMENT LA
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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
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· ,111. Ms. Cormier knowingly cont
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13Mr. Nordqvist testified that Ms.
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15Ms. Cormier decided to set up suc
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"17ofthat because of difficulties M
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,.19Ms. Carter was invited to a mee
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. .,'21I am also satisfied that the
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23call from Ms. Cormier that Revenu
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,. ."25There is also evidence that
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· . ,27Ms. Gallant did no scheduli
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. \. .. ~..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
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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'.• ,~.,.".
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