Wrongful Dismissal
In Webb v. K-Mart Canada Ltd. et al., June 14, 1999, 45 O.R. (3d) 389, Mr. Justice Brockenshire, among various orders, granted the plaintiff’s motion for partial summary judgment by declaring that the class members had been dismissed from their employment without just cause. Consequently, they were entitled to reasonable notice or pay in lieu of notice with the issue of damages to be determined on an individual basis on references. The question of how to hold the potential 3,000 to 4,000 references was resolved by an order, the reasons for which were reported on September 7, 1999 at 45 O.R. (3d) 425. The court appointed various lawyers to conduct reference hearings and to report back. The court did, however, refuse to order mandatory mediation in the circumstances. Difficulties in implementing the order led to it subsequently being varied; see (2001) 54 O.R. (3d) 587.
Leave to appeal was refused for the earlier decision. The subsequent variation by Brockenshire J. of his own order did, however, make it to Divisional Court which set aside his referral of the compensation issues to Deputy Judges of the Ontario Small Claims Court. The matter was remitted to be dealt with in the most expeditious and least expensive way possible; Webb v. 3584747 Canada Inc., [2002] O.J. No. 2559 (Ont. Div. Ct.).
This case is also interesting by virtue of the decision of Madam Justice MacFarland, 2000, 45 O.R. (3d) 638, who noted that a national class was reasonable having regard to the fact that the defendant companies had offices in and were carrying on business across the country. Madam Justice MacFarland referred, among other cases, to Nantais v. Telectronics Propriety (Canada) Ltd., [1995] 40 C.P.C. (3d) 263 and Carom v. Bre-X Minerals Ltd. (1999), 43 O.R. (3d) 441. (Note the Ontario Court of Appeal has now reversed this decision in part on other grounds. See (2000), 51 O.R. (3d) 236.) Madam Justice MacFarland noted there was nothing troubling about the court holding hearings outside of Ontario where a national class has been certified. Class members residing outside Ontario should not be required to come to Ontario to participate in the suit.