McMillan Successfully Defends Paradise Theatre against Union Claim brought by IATSE before the Ontario Labour Relations Board

In May 2023, McMillan concluded its representation of Paradise Theatre Entertainment Corp. (“Paradise Theatre”) against a claim from the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts, Local 58 (“IATSE”), before the Ontario Labour Relations Board (“OLRB”).

McMillan successfully defended Paradise Theatre against IATSE’s claim that the re-opening of Toronto’s historic Paradise Theatre constituted a “sale of business” under Ontario’s Labour Relations Act. The OLRB agreed that there was a complete absence of a transfer of a coherent grouping of any of the normal elements of a business that would give rise to the declaration sought by the union.

McMillan’s team was expertly led by Patrick Groom and included Saadia Naim. In addition to achieving a favourable result for our client, our lawyers’ success in this case created a helpful precedent in the context of union applications for the enforcement of predecessor rights. The full decision can be found at International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of The United States, Its Territories and Canada, Local 58 v Festival Cinemas Inc. operating as Paradise Cinema, 2023 CanLII 51005 (ON LRB).

The lawyers in McMillan’s Litigation & Dispute Resolution Group successfully represent Canadian and international clients facing virtually any type of business dispute in almost any forum. Frequently retained to assert business clients’ rights and defend their products and brands, McMillan also represents and advises governments, agencies, tribunals, and international panels and organizations. With lawyers trained in common law and civil law systems, and fluent in multiple languages, the group has extensive experience in domestic, cross-border, and international litigation, as well as arbitration and mediation. Our lawyers continue to be recognized for their creativity and effectiveness in bringing disputes to a satisfactory conclusion, both inside and outside the courts.