Monday, May 4, 2015

Common Employer

Downtown Eatery (1993) Ltd. v. Ontario (2001), 54 O.R. (3d) 161 (C.A.) held:

"although an employer is entitled to establish complex corporate structures and relationships, the law should be vigilant to ensure that permissible complexity in corporate arrangements does not work an injustice in the realm of employment law. ....[t]he definition of 'employer' is this simple and common scenario should be one that recognizes the complexity of modern corporate structures, but does not permit that complexity to defeat the legitimate entitlements of wrongfully dismissed employees." 

This clear statement was upheld recently in King v.1416088 Ontario Ltd. (Danbury Industrial), 2015 ONCA 312

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