The Relationship Between Individual Members and Their Unions is Contractual In Ontario, unions have unsuccessfully advanced two different arguments to try to persuade the courts to enforce internal union fines. Both arguments are premised on an important Supreme Court of…
Virtually every union has a constitution which sets out certain rules and standards of behaviour applicable to all members of the union. For example, when the union is on a legal strike, the constitution will almost always prohibit a union…
The government of Ontario has decided to extend the new Employment Standards Act (“ESA”) Regulations, resulting from Covid-19, with regards to temporary layoffs, constructive dismissal, termination and severance. The regulations which were set to expire in January 2, 2021, have…
In Menard v. The Centre for International Governance Innovation, an employer discovered that its former employee had been using his work computer to download a considerable volume of tv shows, movies and music. The employee had been using a peer-to-peer…
Are employees entitled to bonuses after the employment relationship is terminated? Upon the termination of employment without cause, being by no fault of the employee, the employee will generally be entitled to reasonable notice of termination or pay in lieu…
Generally speaking, when an employee is terminated without cause, he or she is entitled to termination and severance pay as laid out in the Employment Standards Act (“ESA“). This is considered the minimum standards. Employers cannot contract out of their…
In Emeny v. Tomaszewski, 2019 ONSC 3298, Justice Sossin considered what level of damages were warranted where an individual was subjected to serious defamation on social media. In previous decisions, the courts have awarded a high level of damages where…
Under the Ontario Human Rights Code (the “Code”), discrimination on the basis of citizenship is prohibited. This means that, as in other social areas, an employer cannot make decisions based on an individual’s citizenship status. A key question arises: Does…
What happens when employers terminate employees and try to rely on unclear written employment contracts? That was the question in Andros v. Colliers where our employee client was terminated on the basis of a written employment contract with a questionable…
As the new recreational cannabis laws have rolled out over the past month, there’s been a lot of discussion over how difficult it is to determine whether someone is impaired by the drug. This is because it is not clear…
Where policy holders have been forced to commence litigation against the insurance company due to the denial of their LTD benefits, they may also seek damages for mental distress and punitive damages. These claims seek compensation for unfair treatment or…
What can a group do if it is denied official recognition by a governing association? What can a member do if they are expelled from a group? What happens when there is a dispute between members? In what circumstances and…
Ariss v Norr Limited Architects & Engineers, 2019 ONCA 449 is a decision of the Ontario Court of Appeal regarding the effect a sale of a business and numerous employment contracts have on an employee’s years of service for the…
Patrick James was recently appointed by Dean Adam Dodek to sit on the University of Ottawa Alumni Advisory Board, which will provide mentorship and advisory support to lawyers in the profession.
Under the Rules of Civil Procedure, r. 29.1, all parties to an action must agree to a discovery plan if they intend to obtain evidence through documents, oral examination, inspection of property, medical examination, or examination for discovery by written…
While not required by law, extended health benefits are a fairly common benefit provided by employers to their employees. Group health benefits typically include health and dental coverage, prescription drug, and life insurance. However, not all policies are created, or…
In late February 2019, Patrick James will once again participate as visiting faculty as part of the University of Notre Dame’s Intensive Trial Advocacy Course. This prestigious program is regarded by many as one of the top trial advocacy programs…
Court delays made headlines again recently, after Justice Peter Daley addressed the “facilities crisis” facing the Ontario Superior Court in Brampton, where it can take up to eight months to hear a civil or family matter and even longer for…
As the new recreational cannabis laws have rolled out over the past month, there’s been a lot of discussion over how difficult it is to determine whether someone is impaired by the drug. This is because it is not clear…
In Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (“Sataur”), the appellant, Abigail Sataur, alleged that she was injured when a barista at a Starbucks in Brampton poured scalding hot water on her hands. Ms. Sataur sued Starbucks, the…