Charity & NFP Law Bulletin No. 387, June 23, 2016
On March 18, 2016, the Ontario Superior Court of Justice released its decision on a motion for summary judgment in the case of Chea v CIMA Canada Inc. The case involved a dispute between Leang Chea (the “Plaintiff”) and CIMA Canada Inc. (the “Defendant”). The dispute arose when the Plaintiff, who had been a draftsman for twenty-two years with the Defendant, was laid off. Of particular interest in this case was the treatment of the temporary lay-off and the relevant provisions of the Ontario Employment Standards Act, 2000 (“ESA”) by the Court. This Bulletin discusses the Court’s analysis of the temporary lay-off in dispute and the impact that this decision may have on organizations that attempt to utilize the temporary lay-off provisions of the ESA, including charities and not-for-profits.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 387.