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Labour Pains: A Review of Recent Ontario Court and Labour Board Decisions Regarding Successor Employer Liability for Receivers

February-4-2005

Area Employment and Labour

Summary

Article originally published for the Ontario Bar Association Seminar - Labour: The More Stuff You Need To Know, February 4, 2005

Excerpt from "Labour Pains: A Review of Recent Ontario Court and Labour Board Decisions Regarding Successor Employer Liability for Receivers":

Protecting a receiver from personal liability is a fundamental aspect of insolvency.  Preserving collective bargaining rights is equally as fundamental to labour relations.  Unfortunately, the intersection of these two legislative regimes is not well charted.  The relevant legislation does not expressly address issues such as protecting a receiver from personal liability arising from a successor employer declaration and potential pre-appointment obligations and liabilities under a collective agreement.

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