Motion To Stay And Strike Claims Successful
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Justice Belobaba stayed and struck certain claims of more than 700 employees against several companies and individuals that were allegedly involved in a now bankrupt meat processing business.
In the Decision, the Court held that the claims brought by a former unionized employee (allegedly on behalf of all other unionized employees) was commenced after the expiry of the limitation period and that the issues regarding “common employer” were within the sole jurisdiction of the Ontario Labour Relations Board. The Court also held that the claims by a former non-unionized employee was not out of time.
Matthew Gottlieb and Brad Vermeersch are counsel to the moving party Defendants, Brian Schwartz and Franklyn Bernard Company Limited.
The Decision is attached here: Caetano v. Quality Meat Packers et al.