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ARTICLE · 09 JULY 2015

"Common Employer" Liable For Employee Compensation

The Ontario Court of Appeal has upheld the decision of the Ontario Superior Court of Justice in the recent common employer case, King v. 1416088 Ontario Ltd. (c.o.b. Danbury Industrial), 2014 ONSC 1445.

CanadaEmployment and HR

The Ontario Court of Appeal has upheld the decision of the Ontario Superior Court of Justice in the recent common employer case, King v. 1416088 Ontario Ltd. (c.o.b. Danbury Industrial), 2014 ONSC 1445.  The Court found that the Defendants were common employers and therefore they were jointly and severally liable for the compensation owing to King.

Jack King was hired by Danbury Sales (1971) Ltd. as an accountant and senior bookkeeper in September 1973.  In October 2011, he was terminated without cause from Danbury Industrial, at the age of 72.  At the time of termination, he was not given statutory termination pay, pay in lieu of notice, vacation pay or pension payments.  King commenced an action for these amounts against a number of employers for which he claimed to work over the course of his 38 years of employment, as well as against 986866 Ontario Ltd., carrying on business as DSL Commercial ("DSL"), which commenced trading in the same lines of business, from

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