Uzelac v. Dufferin Aggregates, a division of CRH Canada Group Inc.
GOJKO UZELAC
Law Firm / Organization
Levitt LLP
G. UZELAC TRUCKING
Law Firm / Organization
Levitt LLP
DUFFERIN AGGREGATES, a division of CRH CANADA GROUP INC.
470474 ONTARIO LIMITED, carrying on business as AGGREGATE TRANSFER SYSTEMS

Background

  • Uzelac was a truck driver for CRH (1962-2000). After mandatory retirement, he worked via ATS until 2017.
  • Plaintiffs allege wrongful termination, age discrimination (Ontario Human Rights Code), and unpaid entitlements (Employment Standards Act).
  • Damages sought: $417,500 ($312,500 for wrongful dismissal, $100,000 for discrimination).

Procedural History

  • Case filed in June 2017; CRH and ATS responded in July 2017.
  • Delays caused by mediation disputes, multiple lawyer changes, ATS ceasing defense (2018), and COVID-19.
  • Plaintiffs sought a status hearing under Rule 48.14(5) to extend the trial set-down deadline.

Legal Analysis & Decision

  • Test for Dismissal:

    1. Acceptable Delay Explanation: Plaintiffs’ delays stemmed from legal counsel’s mismanagement, pandemic disruptions, and defendants’ shifting mediation stance.
    2. No Prejudice to Defendants: CRH’s key witnesses left, but plaintiffs found them via LinkedIn; discovery was completed.
  • Ruling: Motion granted; new deadlines set:

    • Feb 28, 2025: CRH’s affidavit of documents
    • Mar 15, 2025: Plaintiffs’ undertakings
    • May 31, 2025: Mediation
    • July 31, 2025: Trial set-down deadline
  • Total Monetary Award Ordered: None at this stage.

Superior Court of Justice - Ontario
CV-17-576946
Labour & Employment Law
Plaintiff