Labour & Employment Law Blog

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Court of Appeal Finds Put-Right Option as Forming Part of Consideration

This dispute involved an Asset Purchase Agreement (“APA”), wherein the defendants purchased from the plaintiffs a judgment they had obtained against a third party.…
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Does An Employer Have To Protect Their Employees From Twitter?

The Ontario Arbitration Decision in Toronto Transit Commission and ATU, Local 113, 2016 CarswellOnt 10550 BACKGROUND The Amalgamated Transit Union, Local 113 (the “Union”) brought…
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Out of Time, Out of Luck

This dispute arose out of a loan agreement between Cross Bridges Inc. and Z-Teca Foods Inc. Cross Bridges lent money to Z-Teca, who was…
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Does Failing to Comply with Sick Leave Policy Give an Employer Just Cause to Dismiss an Employee?

The Ontario Superior Court of Justice’s Decision in Sinnathamby v. The Chesterfield Shop Limited, 2016 ONSC 6966 BACKGROUND The plaintiff, Suchethea Sinnathamby (the “plaintiff”) was…
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Court of Appeal Rejects Unconscionability Argument

Mayaben Shah and her company applied for a small business loan with the Bank of Montreal for her and her husband’s donut shop. In…
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Is Public Disclosure of Private Facts a Tort?

The Ontario Superior Court of Justice Court’s Decision in Doe 464533 v N.D., 2016 ONSC 541 BACKGROUND The plaintiff Jane Doe 464533 (the “plaintiff”)…
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Should I Stay or Should I Go?

“Should I stay or should I go” was quite possibly what Lauwers J.A. of the Court of Appeal was asking himself when he was…
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Can Age As An Impediment Of Re-Employment Affect What Is A Reasonable Notice Period?

The Ontario Superior Court of Justice’s Decision in Stephanie Ozorio v. Canadian Hearing Society, 2016 ONSC 5440 BACKGROUND The plaintiff, Stephanie Ozorio (the “plaintiff”) brought…
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Summary Judgment Overruled by Court of Appeal in Wrongful Dismissal Case

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of…
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When will a Court award Punitive Damages, but not Aggravated Damages against an Employer?

The Ontario Superior Court decision of Morison v Ergo-Industrial Seating Systems Inc., 2016 ONSC 6725 BACKGROUND Tom Morison (“Morison”) brought an action for wrongful dismissal…
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Can a Hypothetical Breach of an Employment Agreement Effect the Agreement’s Enforceability?

The Superior Court of Justice Divisional Court’s Decision in Garreton v. Complete Innovations Inc., 2016 ONSC 1178 BACKGROUND Complete Innovations Inc. (“CI”) brought an appeal of…
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What Severance is an Employee Entitled to under a Fixed Term Employment Contract?

The Ontario Superior Court’s Decision in Ballim v. Bausch & Lomb Canada Inc., 2016 ONSC 6307 BACKGROUND The plaintiff, Ms. Samina Ballim (hereinafter “Ms.Ballim”) brought…
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Do Geographical Boundaries Limit where you can bring a Claim for Defamation?

The Ontario Court of Appeal decision in Goldhar v. Haaretz.com, 2016 ONSC 515 BACKGROUND Mr. Mitchell Goldhar (“Mr. Goldhar”), a prominent Canadian business man and…
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Can you get a Religious Exemption from Paying Union Dues?

Under section 52(1)(b) of the Ontario Labour Relations Act, 1995, S.O. 1995, c. 1, Sch. A, (“OLRA”) an employee may not be required to pay…
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When Notice is Insufficient

The Superior Court of Justice recently revisited the issue of what constitutes “notice of termination” and found that notice must be “clear and unambiguous”…
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Do Employees have an Obligation to Provide Employers with Adequate Notice of Resignation?

The Ontario Superior Court of Justice Decision in Gagnon & Associates Inc. et. al. v. Jesso et. al., 2016 ONSC 209 BACKGROUND Gagnon & Associates…