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Pino Bellini works at the Acme Tool and Die Company. He is part of a union. He is sure that he is not being paid

Pino Bellini works at the Acme Tool and Die Company. He is part of a union. He is sure that he is not being paid the right amount that he is entitled to under the contract.

The collective agreement states that only employees designated as the "Lead Hand" can change the various parts of the machines so that different tools may be manufactured. This is dangerous and highly skilled work. Lead Hands are paid more money ($45 per hour, as opposed to $25 per hour for regular shift employees) and are entitled to an extra week of vacation each year.

Last August, while the Lead Hand was on vacation, the foreman asked Pino Bellini to retool the machinery. Since that time, he has been required to retool the machinery at least once per week, which is the same frequency as the regular Lead Hand. He has never been paid more money or been given more vacation in spite of repeated requests. Pino came to "Perfect Paralegal Services" for advice.

  1. Assume for this question only, that Pino works as one of a group of five employees for an individual carrying on business as a sole proprietorship. In this situation, the paralegal should:
  2. Name Pino as the Plaintiff;
  3. File a Statement of Claim;
  4. File a Plaintiff's Claim;
  5. Both (a) and (c) are correct.

  1. The Small Claims Court lacks jurisdiction because:
  2. The cause of action arose outside the territory;
  3. The potential damages are greater than $35,000.00 and the Plaintiff refuses to abandon the excess;
  4. The Ontario Superior Court of Justice has jurisdiction;
  5. The Ontario Labour Relations Board has exclusive jurisdiction over matters involving a union and a collective agreement.

  1. Assume for this question only, that the Defendant is Acme Tool and Die Company. When serving a Plaintiff's Claim on the Defendant, the paralegal must follow:
  2. Section 27 of the Courts of Justice Act;
  3. Section 27 of the Small Claims Court Act;
  4. Section 8 of The Rules of the Small Claims Court;
  5. Rule 8 of The Rules of the Small Claims Court.

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