Case Update – October 5, 2016

In our last update of September 2, 2016, we told you that Canada Cartage was seeking to appeal the decision of Justice Belobaba, dated April 27, 2016, requiring Canada Cartage to produce certain documents as part of the discovery process. Before Canada Cartage can appeal Justice Belobaba’s decision, it must first ask the Ontario Divisional Court for permission to do so (this is known as a “motion for leave to appeal”). Justice Dambrot of the Ontario Divisional Court considered Canada Cartage’s leave to appeal motion on September 13, 2016 and released his decision on September 20, 2016.

We are happy to report that Justice Dambrot refused to grant Canada Cartage permission to appeal the decision of Justice Belobaba. This means that Canada Cartage is required to produce certain categories of documents relating to its head office policies and individual terminal practices with respect to payment for overtime.

In reaching its conclusion, the Court accepted the arguments made by Eric Hoaken, Ian Matthews and Lisa Lutwak on behalf of the plaintiff that the decision of Justice Belobaba does not conflict with another court decision and that it would not be desirable to grant leave in this case.

To read a copy of the decision of Justice Dambrot, please click here.