Merrill Lynch Canada Inc. v. Soost (2010), 84 C.C.E.L. (3d) 241, 2010 ABCA 251; Soost v. Merrill Lynch Canada Inc., [2010] S.C.C.A. No. 399 [“Soost”] On April 14, 2011, the Supreme Court of Canada refused to grant leave to appeal…
It is unusual for courts to award punitive or mental distress damages to terminated employees. Generally, courts are reluctant to find that employers have obligations upon termination beyond reasonable notice or pay in lieu of notice. A recent Superior Court…
Love v. Acuity Investment Management Inc., 2011 ONCA 130 In this blog we seek to bring to your attention another interesting determination made by the Court of Appeal in that same case. This determination relates to that executive’s equity stake…
A decision recently released by the Court of Appeal for Ontario on February 16, 2011 has clarified a number of important issues in employment law. You can read the full text of the decision here: Love v. Acuity Investment Management…
The Human Rights Tribunal of Ontario has recently decided a number of cases where people have come forward with a human rights claim after the one-year limitation period established for such claims in the Human Rights Code. Unlike civil lawsuits…
Jaffer v. York University, 2010 ONCA 654 In this case, the plaintiff was a student at York University who had a disability-related learning impairment. He commenced a civil action in response to the University’s decision to remove him from his…
In its 2006 decision Tranchemontagne v. Ontario (Director, Disability Support Program), the Supreme Court of Canada affirmed that all administrative tribunals, and not just human rights tribunals, are entitled and required to apply human rights legislation, unless expressly prohibited from…
Lorenzo Russo had worked for his employer, Kerr Bros. Ltd., for 37 years, making over $100,000 per annum, when his company decided to introduce cost-cutting measures in 2009. Kerr Bros. Ltd. asked its employees to accept a 10% pay cut…
As a result of Bill 168, the Occupational Health and Safety Act (the “OHSA” or “Act”) now imposes obligations on employers to maintain policies and programs with respect to preventing both workplace violence and harassment. While the requirement to maintain…
In most wrongful dismissal cases the plaintiff’s damages are calculated based on several factors, including the plaintiff’s age, position, years of service, and salary. But what happens when part of an employee’s compensation also consists of stock in the company…
In a unanimous ruling in September 2010, the Court of Appeal for Ontario held that denying disability benefits to those who are severely disabled by alcoholism or drug addiction is discriminatory: Director (Ontario Disability Support Program) v. Tranchemontagne, 2010 ONCA…
The issue of an employer’s right to its employees’ medical information is a fiercely contested one in the Ontario workplace. Ontario law provides employees with a degree of security that their employment will be protected while on medical leave. The…
Civil contempt of court is defined as a private injury to a litigant arising from the opposing party’s disobedience of a court order or court process. When a court order is made by a judge requiring a litigant to do…
Is a Union Member’s Refusal to Pay Union Fines a Contractual Breach? The first argument advanced by unions in favour of civil enforcement of their fines was that the provisions for disciplinary fines in the union constitution are part of…