In Dear v Glamour Designs ( 2015 ONSC 5094) the Ontario Superior Court found that the fact that the ” family business was split into three segments should not be the cause of injustice to Dear who was continuously employed by that common employer ” The Court noted that the father was heavily involved in all of the companies and all the companies operated out of the same physical space. The Plaintiff salesman was 66 years old and had 9.7 years service . He was awarded 12 months reasonable notice.
This trend of the Court to see through corporate structures and find common employer status for employment purposes was also recently discussed by the OCA in King v Danbury Sales ( 2015 CarswellOnt 6310).
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