Beanland v. Woodbine Racetrack Slots
Because the Fairness Appeal Program expressly excludes terminations without cause and the employer did not surrender its common law right to terminate on proper notice, and because there was no evidence of employer bad faith, the appeal must be dismissed.
Source-derived case information.
- Citation
- 2007 ONCA 593
- Parties
- Appellant: Don Beanland; Respondent: Woodbine Racetrack Slots; Respondent: Ontario Lottery and Gaming Corporation
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 September 2007
- Procedural Posture
- Civil Employment/termination / Appeal to Court of Appeal From Superior Court Order Dated October 6, 2006; Heard August 31, 2007; Decision September 4, 2007
- Outcome
- Appeal dismissed
- Legal Topics
- Termination Without Cause, Fairness Appeal Program, Severance, Notice, Bad Faith, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Don Beanland
Appellant
Woodbine Racetrack Slots
Respondent
Ontario Lottery and Gaming Corporation
Respondent
Procedural Posture
Civil Employment/termination / Appeal to Court of Appeal From Superior Court Order Dated October 6, 2006; Heard August 31, 2007; Decision September 4, 2007
Legal Issues
- 1 Whether the Fairness Appeal Program applies to a termination without cause
- 2 Whether the employer surrendered or qualified its common law right to terminate with notice
- 3 Whether underlying performance concerns can convert a termination without cause into a termination for cause
Ratio Decidendi
Because the Fairness Appeal Program expressly excludes terminations without cause and the employer did not surrender its common law right to terminate on proper notice, and because there was no evidence of employer bad faith, the appeal must be dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs to the respondents fixed at $7,500 inclusive of disbursements and GST.
Full Case Text
Judgment text and source record
1 paragraphs
Beanland v. Woodbine Racetrack Slots Collection Decisions of the Court of Appeal Date 2007-09-05 Neutral citation 2007 ONCA 593 Docket numbers C46168 Judges Sharpe, Robert J.; Cronk, Eleanore Ann; Lang, Susan Elizabeth Subject Civil Decision Content CITATION: Beanland v. Woodbine Racetrack Slots, 2007 ONCA 593 DATE: 20070904 DOCKET: C46168 COURT OF APPEAL FOR ONTARIO SHARPE, CRONK and LANG JJ.A. BETWEEN: DON BEANLAND Appellant and WOODBINE RACETRACK SLOTS AND ONTARIO LOTTERY AND GAMING CORPORATION Respondents Sara J. Erskine and Jordan Nichols for the appellant Tom Moutsatsos and Elisha Jamieson for the respondents Heard: August 31, 2007 On appeal from the order of Justice Spence of the Superior Court of Justice dated October 6, 2006. APPEAL BOOK ENDORSEMENT [1] We agree with application judge that the Fairness Appeal Program does not apply where the employer terminates the employee without cause by giving notice or paying damages in lieu of notice.� The Program expressly excludes the Fairness Appeal process for �termination without cause or for determining issues of severance�.� In view of that language, we do not accept the submission that the employer has surrendered or qualified its common law right to terminate the employee on proper notice. Where the employer elects to give notice or payment in lieu of notice, underlying concerns regarding the employee�s performance cannot in law convert a termination without cause into a termination for cause. [2] In any event, on this record, we see no evidence of employer bad faith as alleged by the appellant.� Accordingly, the appeal is dismissed.� Costs to the respondent fixed at $7,500 inclusive of disbursements and GST.