Toronto Transit Commission v. Amalgamated Transit Union, Local 113, (1992) 56 O.A.C. 23 (DC)

• Judge: Steele, Campbell and McKeown, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: May 28, 1992
• Jurisdiction: Ontario
• Citations: (1992), 56 O.A.C. 23 (DC)

TTC v. ATU (1992), 56 O.A.C. 23 (DC)

MLB headnote and full text

In the Matter of Judicial Review Procedure Act, R.S.O. 1980, c. 224 as amended;

And in the Matter of an award dated January 28, 1991 issued by a board of arbitration chaired by G.J. Brandt.

Toronto Transit Commission (applicant) v. Amalgamated Transit Union, Local 113 (respondent)

(File No. 163/91)

Indexed As: Toronto Transit Commission v. Amalgamated Transit Union, Local 113

Ontario Court of Justice

General Division

Divisional Court

Steele, Campbell and McKeown, JJ.

June 9, 1992.

Summary:

The Toronto Transit Commission required an employee to pay for a ticket short­age. The employee grieved. The arbi­trator found that the employee was respon­sible for the loss but because of s. 8 of the Employ­ment Standards Act the employee could not be required to account for the loss. Section 8 prohibited a set-off against wages. The employer applied for judicial review.

The Ontario Divisional Court allowed the application, quashed the award and remitted the matter to the arbitrator.

Labour Law - Topic 6794

Collective agreement - Interpretation - Work rules, accounting for shortages - An employer required an employee to pay for ticket shortages - The employee grieved - An arbitrator found that the employee was responsible for the loss but that the employer was prohibited by s. 8 of the Employment Standards Act from requ­iring the employee to pay - Section 8 pro­hibited a set-off against wages - The Ontario Divisional Court held that s. 8 did not apply to relieve the employee from res­ponsibility because the employer made no claim against the wages of the employee.

Master and Servant - Topic 1848.1

Remuneration - Statutory regulation - Payment of wages, prohibition against set-off - [See Labour Law - Topic 6794 ].

Cases Noticed:

McLeod et al. v. Egan et al., [1973] 1 S.C.R. 517; 46 D.L.R.(3d) 150, refd to. [para. 5], dist. [para. 17].

Service Employees International Union, Local 204 v. Broadway Manor Nursing Home et al., 5 O.A.C. 371; 48 O.R.(2d) 225 (Ont. C.A.), refd to. [para. 5].

Canteen of Canada Ltd. and Retail, Whol­esale and Department Store Union, Local 414, Re (1987), 31 L.A.C.(3d) 39, refd to. [para. 13].

Bell Canada v. Canadian Radio-television and Telecommunications Commission (1989), 97 N.R. 15; 60 D.L.R.(4th) 682 (S.C.C.), refd to. [para. 18].

Haldimand-Norfolk Police Commissioners v. Ontario Nurses' Assoc. (1990), 41 O.A.C. 148 (C.A.), refd to. [para. 19].

United Steelworkers of America, Local 2900 and Inglis Ltd., Re (1977), 16 O.R.(2d) 253 (Div. Ct.), refd to. [para. 20].

Board of Education (Roman Catholic Sep­arate) of Hamilton-Wentworth v. Hamilton-Wentworth Unit, Ontario English Catholic Teachers' Assoc. (1988), 31 O.A.C. 316; 67 O.R.(2d) 178 (Div. Ct.), refd to. [para. 20].

Board of Education of Wentworth County v. Wentworth Women Teachers Assoc. et al. (1991), 53 O.A.C. 325 (Div. Ct.), refd to. [para. 20].

Grattoli v. Lock, [1963] 2 O.R. 254 (H.C.), refd to. [para. 22].

Hamilton Street Railway v. Northcott, [1967] S.C.R. 3, refd to. [para. 22].

St. Anne-Nackawic Pulp & Paper Co. Ltd. v. Canadian Paper Workers Union, Local 219, [1986] 1 S.C.R. 704; 73 N.B.R.(2d) 236; 84 A.P.R. 236; 28 D.L.R.(4th) 1; 68 N.R. 112, refd to. [para. 22].

Statutes Noticed:

Employment Standards Act, R.S.O. 1989, c. 136, sect. 8 [para. 6].

Labour Relations Act, R.S.O. 1990, c. L.2, sect. 45 [para. 21].

Counsel:

Douglas K. Gray, for the applicant;

Paul J. Falzone, for the respondent.

This application was heard by Steele, Campbell and McKeown, JJ., of the Ontario Divisional Court on May 28, 1992. The decision of the court was delivered on June 9, 1992 and the following opinions were filed:

Steele, J. - see paragraphs 1 to 8;

McKeown, J., concurred with Steele, J., - see paragraph 9;

Campbell, J., dissenting - see paragraphs 10 to 22.