Background: Bill Trakalo claimed he worked as a truck driver for Campbell Edgar Inc. from August 2017 until April 2021. He contended his employment ended without proper notice or a Record of Employment (ROE). The respondents, Campbell Edgar Inc. and its president, Elaine Hay, argued that Trakalo was a temporary contract worker exempt from termination pay and that his employment was not terminated.

Petitioner’s Position: Trakalo argued he was entitled to severance pay under the Employment Standards Act (ESA) and sought to establish his status as an employee to claim statutory benefits. He also suggested potential claims against associated employers, such as Ryder or Mercedes-Benz, for severance benefits.

Respondents’ Position: The respondents maintained that Trakalo was not terminated and was still on their roster, awaiting his return to work post-injury. They also highlighted that Campbell Edgar Inc. had been dissolved and that Ms. Hay had no personal liability.

Legal Arguments/Issues: Key legal issues included whether Trakalo was terminated, his employment status, the applicability of the ESA, and procedural compliance regarding filing claims. The court noted significant factual disputes and procedural errors, particularly the filing of the case by petition instead of a notice of civil claim.

Costs and Award: The court converted the petition to an action but did not grant the declaration sought by Trakalo. The case did not result in an immediate award or costs decision, and parties were invited to submit written submissions regarding costs within 14 days.