Westdale Construction Co. v. Rapea (Dist. Ct.)

Summary

A wrongful dismissal case involving a superintendent who alleges termination due to union activities, with a grievance pending before the Ontario Labour Relations Board. The landlord sought possession of the caretaker’s apartment after the superintendent’s employment was terminated, and the court ruled that the grievance process does not preclude the landlord from applying for possession if statutory notice requirements are met.

Outcome

Court held grievance process does not preclude possession application and compliance with section 115 sufficient to terminate tenancy and grant possession

Key Factors

• wrongful dismissal
• grievance process
• landlord and tenant law
• statutory notice requirements
• employment termination