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Case

Manuel Ruiz Espinoza, Salvador Reta Ruiz and Jose Ruiz Sosa v. Tigchelaar Berry Farm Inc, FARMS et al

Date

2011

Abstract

The respondents in this case, Manuel Ruiz Espinoza, Salvador Reta Ruiz and Jose Ruiz Sosa, (together the “respondents”) are three agricultural workers from Mexico who worked for Tigchelaar Berry Farms (“Tigchelaar”) in 2010. They were dismissed on August 30, 2010 and they returned to Mexico on the following day. Their employment was arranged through the Seasonal Agricultural Worker Program (“SAWP”), a program of the government of Canada ("Canada") that is administered by Foreign Agricultural Resource Management Services (“F.A.R.M.S.”). The respondents commenced an action for wrongful dismissal in contract but as well allege that their rights under ss. 7 and 15 of the Canadian Charter of Rights and Freedoms[1] and ss. 1(a) and 2(e) of the Canadian Bill of Rights[2] have been violated. Specifically, the respondents claim to have been privately deported and argue that before that happened they should have been told the reason for their dismissal and repatriation and given a meaningful opportunity to respond.

Court name

Ontario Superior Court of Justice

Reporter

CV-11-439746

File Attachments

Links

Economic sectors

Agriculture and horticulture workers

Content types

Documented cases of abuse

Geographical focuses

Ontario and México

Spheres of activity

Agriculture and Law

Languages

English