Appellant
Respondent
Other
Background: John Leon, a former employee of Dealnet, disputed his entitlement to a performance bonus after resigning. The employment contract mandated arbitration for disputes and incorporated the Employment Standards Act, 2000 (ESA). Leon filed a civil claim; Dealnet moved to stay the action under the Arbitration Act, 1991 (AA). The motion was granted, and the action was stayed. Leon's appeal to the Divisional Court was dismissed, citing s. 7(6) of the AA, which bars appeals from s. 7 stay decisions.
Current Motion: Leon sought leave to appeal to the Court of Appeal, arguing that the arbitration clause was void as it attempted to contract out of the ESA. The primary legal questions involved the interpretation of the ESA and whether s. 7(6) of the AA applied. PCLS sought to intervene, highlighting the public importance of the case, especially concerning the enforceability of arbitration clauses in employment contracts and the protection of statutory rights for vulnerable workers.
Decision: The court denied PCLS's motion to intervene at the leave to appeal stage, emphasizing that such interventions should be rare and noting that the moving party’s factum already addressed public interest issues.
Outcome:
Court
Court of Appeal for OntarioCase Number
COA-23-OM-0185; M54495Practice Area
Employment lawAmount
Winner
Trial Start Date
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