Case information
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40790
Guy Morin v. Minister of Labour (Ontario), et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-12-18 | Close file on Leave | |
| 2024-12-18 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2024-12-18 | Certificate of taxation issued to, Jennifer Birrell | |
| 2024-12-18 | Decision on the bill of costs, in the amount of $875.00, Reg | |
| 2024-12-18 | Submission of the bill of costs, Reg | |
| 2024-04-10 | Bill of costs, Completed on: 2024-11-07 | Huawei Technologies Co., Ltd. |
| 2023-12-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-12-07 | Judgment on leave sent to the parties | |
| 2023-12-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-22-OM-0051, dated April 19, 2023, is dismissed with costs to the respondent Huawei Technologies Canada Co. Ltd. Dismissed, with costs |
|
| 2023-11-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-08-21 | Book of authorities, (Book Form), Completed on: 2023-08-24, (Printed version filed on 2023-08-24) | Huawei Technologies Co., Ltd. |
| 2023-08-21 | Certificate (on limitations to public access), Form 23A | Huawei Technologies Co., Ltd. |
| 2023-08-21 | Notice of name | Huawei Technologies Co., Ltd. |
| 2023-08-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-08-24, (Printed version filed on 2023-08-24) | Huawei Technologies Co., Ltd. |
| 2023-08-18 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-08-21) | Director of Employment Standards |
| 2023-08-18 | Notice of name, (Printed version filed on 2023-08-21) | Director of Employment Standards |
| 2023-08-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-08-21, (Printed version filed on 2023-08-21) | Director of Employment Standards |
| 2023-06-22 | Correspondence received from, Counsel for the respondent (Ontario Labour Relations Board) confirm they take no position with respect to the Application for leave to appeal. | Minister of Labour (Ontario) |
| 2023-06-20 | Correspondence received from, Court Order Form rec'd. Estimate as to when court order will be filed: unknown. | Guy Morin |
| 2023-06-20 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED: 2023-06-20 | |
| 2023-06-16 | Certificate (on limitations to public access), Form 23A | Guy Morin |
| 2023-06-16 | Notice of name | Guy Morin |
| 2023-06-16 |
Application for leave to appeal, (Book Form), Missing: - CA Order (rec'd 2023-08-09) - Amended covers (rec'd 2023-08-17), Completed on: 2023-08-09, (Printed version filed on 2023-06-22) |
Guy Morin |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Morin, Guy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Labour (Ontario) | Respondent | Active |
| Director of Employment Standards | Respondent | Active |
| Attorney General of Ontario | Respondent | Active |
| Huawei Technologies Co., Ltd. | Respondent | Active |
Counsel
Party: Morin, Guy
Agent
220 Laurier Avenue W, Suite 1420
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 565-2292 Ext: 214
FAX: (613) 565-2087
Email: abrunet@plaideurs.ca
Party: Minister of Labour (Ontario)
Counsel
505 University Avenue - 2nd Floor
Toronto, Ontario
M5G 2P1
Telephone: (416) 326-7450
FAX: (416) 326-6392
Email: aaron.hart@ontario.ca
Party: Director of Employment Standards
Counsel
Evan Schiller
400 University Ave
11th Floor
Toronto, Ontario
M7A 1T7
Telephone: (613) 529-2991
FAX: (416) 326-7985
Email: Madeleine.chin-yee@ontario.ca
Party: Huawei Technologies Co., Ltd.
Counsel
Jake Tolton
707 Bank Street
Ottawa, Ontario
K1S 3V1
Telephone: (613) 563-7660
FAX: (613) 563-8001
Email: jbirrell@emondharnden.com
Party: Attorney General of Ontario
Counsel
505 University Avenue - 2nd Floor
Toronto, Ontario
M5G 2P1
Telephone: (416) 326-7450
FAX: (416) 326-6392
Email: aaron.hart@ontario.ca
Summary
Keywords
Civil procedure — Case Management — Leave to appeal — Whether Court of Appeal erred in denying application for leave to appeal — Whether employees are protected against reprisal for a right under employment standards legislation, even if employee did not formally invoke right or was not eligible to invoke right.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Morin was discharged from employment by Huawei Technologies Canada Co. Ltd. on October 1, 2018. The termination letter indicated that there had been ongoing performance issues, but it did not allege cause. Citing s. 50 of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, he alleged that the decision to dismiss him stemmed from a complaint of workplace harassment. He later alleged that the termination was also related to his exercise of a right to personal emergency leave under the Employment Standards Act, 2000, S.O. 2000, c. 41. Huawei argued that he was terminated for substandard performance only, and the decision to terminate was made on July 12, 2018. The termination would have occurred on July 13, 2018, had Mr. Morin not delivered the harassment complaint on July 13. Once it had been determined that there was no substance to the harassment complaint, the termination decision was implemented.
An employment standards officer found that Mr. Morin had been terminated for performance issues. Mr. Morin invited the Ontario Labour Relations Board to review that decision. The complaints under s. 50 of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, and s. 74 of the Employment Standards Act, 2000, S.O. 2000, c. 41, were dismissed. Mr. Morin’s application for judicial review was dismissed. The Court of Appeal dismissed Mr. Morin’s application for leave to appeal.
Lower court rulings
Ontario Labour Relations Board
0892-19-ES, 2845-18-UR
Complaints under s. 50 of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, and s. 74 of the Employment Standards Act, 2000, S.O. 2000, c. 41, dismissed.
Ontario Superior Court of Justice
2022 ONSC 5299, DC-2622-20
Application for judicial review dismissed.
Court of Appeal for Ontario
COA-22-OM-0051
Application for leave to appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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