What is the test for determining whether a responding party breached the provisions of the Health and Social Care Act?

Ontario, Canada


The following excerpt is from United Brotherhood of Carpenters and Joiners of America, Local 2486 v Ontario Concrete Finishing (SOO) Limited, 2018 CanLII 81979 (ON LRB):

25. I agree with the approach described in the Marchand decision and the test set out in the excerpt from Faryna v. Chorny. In particular, I agree that “the real test of the truth of the story of a witness…must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions.” Did the responding party breach the Act

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