The decision will have a significant impact on employees, particularly low-income workers: lawyer
A recent decision about whether employees can be required to submit to arbitration could have far-reaching implications, say employment lawyers and advocates. A Divisional Court judge dismissed a motion to quash the appeal involving an employment agreement arbitration clause.
Justice Freya Kristjanson found that whether the Arbitration Act excludes the appeal or the provision violates the Employee Standards Act and is unenforceable highlights relevant questions of law. She wrote that she could not conclude that the appeal is devoid of merit, mainly because Parkdale Community Legal Clinic appeared as an intervener. “The Parkdale Clinic has intervened in the interests of vulnerable workers, highlighting the importance of the questions of law to be resolved.”
The outcome of the appeal in Leon v. Dealnet will be significant because the case relates to the interaction between the Arbitration Act and the Employment Standards Act, says Craig Colraine, the lawyer for the appellant.
“If the appeal had no merits, the other side would have been successful, but the Divisional Court judge said the issues are very important.” Colraine there is an intervener due to the public importance of the case. “It’s going to have a great impact on employees and, in particular, low-income employees.”
David Vaillancourt, the lawyer for the respondent, says this will be a significant decision when the...
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