On February 5, 2018, the Ontario Superior Court of Justice released a decision on a motion in Currie v Gledhill et al. An action for wrongful dismissal brought by Laurie Currie (the “Plaintiff”) named two co-defendants, Gledhill Avenue Child Care Centre (“Gledhill”) and the City of Toronto (the “City”). The Plaintiff’s motion sought leave of the court to amend her statement of claim in relation to the City being a “common employer”. However, while Gledhill admitted it was the Plaintiff’s former employer, the City denied having had an employment relationship with the Plaintiff. The City accordingly brought its own motion asking the court to dismiss the action against the City as it was not a “common employer.” This Bulletin will review this decision, focusing on the common employer doctrine. The decision is relevant for charities and not-for-profits which may receive significant funding from outside sources if those funding sources seek to have operational control or decision-making authority.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 418.