Ontario (Employment Standards Officer) v. Metro International Trucks Ltd.
Successor Employer Vacation Pay: Tribunal Reconsideration
Summary
This is a judicial review of an administrative tribunal decision concerning successor employer liability for vacation pay under the Employment Standards Act. The Divisional Court quashed the tribunal's decision because it was influenced by incorrect facts contained in an agreed statement, applying the principle of functus officio with flexibility to allow reconsideration. The matter was remitted to the tribunal for reconsideration based on corrected facts.
Outcome
decision quashed and remitted for reconsideration
Key Factors
- successor employer liability
- vacation pay
- functus officio
- reconsideration of decisions
- incorrect facts
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.