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…
On February 24th and 25th, 2018, Patrick James participated 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 in…
The Ontario Court of Appeal recently relied on email negotiations to interpret the meaning of a lease agreement in 1079268 Ontario Inc. v. GoodLife Fitness Centers Inc., 2017 ONCA 12. The dispute arose over the amount of rent due under…
Employers tread carefully – the manner of dismissing an employee can cost you close to a million dollars In December 2017, Justice Emery of the Ontario Superior Court awarded Gail Galea approximately $1.6 million in damages for her wrongful dismissal…
There has been ongoing debate regarding the legality of termination provisions in employment contracts that comply with the Employment Standards Act, 2000 (“ESA“) at the time of termination but may potentially violate the law in the future. In the recent case…
The Supreme Court of Canada Clarifies the Standard of Review for Standard Form Contracts in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37 In a September 2016 decision, the Supreme Court of Canada held that Northbridge Indemnity…
Tribunals cannot use legislation to obtain documents protected by solicitor-client privilege unless it contains “clear, explicit and unequivocal” language. In Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53, the Supreme Court protected documents subject to solicitor-client…
A “statement of fact” defence can fail if the court finds malice in libellous comments In a 2016 decision, the ONCA overturned the trial judge’s decision in Awan v. Levant, 2016 ONCA 970. Khurrum Awan brought a defamation suit against…