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Big Win at the Ontario Civilian Police Commission

Posted On: January, 23 2015
Thanks to the work of Andrew Wray, the Executive Director of the Ontario Police Video Training Alliance (“OPTVA”) won his bid to be classified as a “senior officer” within his police force. Last year, our client brought an application under s. 116 of… more »
 

A Strong Endorsement of Summary Judgment Motions by the Supreme Court

Posted On: January, 23 2015
The Supreme Court of Canada has paved the way for more Ontario litigants to obtain a final judgment without the time or expense of a full trial. Last month, the Supreme Court released companion decisions which broaden the circumstances under which… more »
 

Union Fines are Not Legally Enforceable – Part IV

Posted On: January, 23 2015
Union Trials as Arbitrations An argument that has been advanced by unions seeking the civil enforcement of their fines is that the trial procedure set out in various union constitutions is essentially an arbitration agreement. This argument proposes… more »
 

Union Fines are Not Legally Enforceable – Part III

Posted On: January, 23 2015
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 the contract… more »
 

Union Fines are Not Legally Enforceable – Part II

Posted On: January, 23 2015
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… more »
 

Union Fines are Not Legally Enforceable – Part I

Posted On: January, 23 2015
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 member from… more »
 

Canada’s Top Court Strikes down Prostitution Laws as Unconstitutional

Posted On: January, 23 2015
In a decision released on December 20, 2013, the Supreme Court of Canada has declared that three provisions of the Criminal Code (“Code”) criminalizing various activities of sex workers are unconstitutional: Canada (Attorney General) v. Bedford, 2013… more »
 

Punishing Success – Dismissals for Cause of High Performing Commissioned Sales People

Posted On: January, 23 2015
Imagine that you are a successful commissioned sales person, having diligently worked for 15 years for Company X. You sell widgets, and are paid a commission as a percentage of the net profit on every order of widgets that you close. Your compensation… more »
 

The Importance of Clarifying the Terms of your Long Term Disability Policy

Posted On: January, 23 2015
A recent case from the Superior Court of Justice highlights the importance of clarifying the terms of your Long Term Disability insurance policy. Terry Janson was injured while working for his employer. Mr. Janson had access to group Long Term… more »
 

Proving Discrimination in Human Rights Cases

Posted On: January, 23 2015
The Ontario human rights case of Islam v. Big Inc., 2013 HRTO 2009 garnered recent media attention due to the cumulatively large damage award made to the applicants.  However, this case also provides a useful reminder of the evidentiary burden on the… more »
 

Damages in Court for Human Rights Violations

Posted On: January, 23 2015
In September 2013, Justice Grace of the Ontario Superior Court of Justice awarded a plaintiff in a wrongful dismissal case $20,000 in damages for breach of the Ontario Human Rights Code. This appears to the be first ever decision under s. 46.1 of the… more »
 

Proving Racism at the Court of Appeal

Posted On: January, 23 2015
In the decision General Motors of Canada Limited v. Johnson, 2013 ONCA 502, the Ontario Court of Appeal overturned a lower court’s decision which held that a worker was constructively dismissed based on allegations that the workplace was poisoned by… more »
 

Court of Appeal for Ontario Significantly Increases Fine in Occupational Health and Safety Case

Posted On: January, 23 2015
In a decision released on September 4, 2013, the Ontario Court of Appeal granted the Crown’s appeal from the sentence imposed in R. v. Metroni against a corporate defendant charged with criminal negligence causing death.  The Court of Appeal increased… more »
 

When Can You Sue for a Workplace Injury?

Posted On: January, 23 2015
In a recent article, the Toronto Star reported the story of a man who worked in a Texas car dealership where he was repeatedly Tasered while at work for no apparent reason (except possibly the misguided amusement of his co-workers). Needless to say,… more »
 

Not all employees are entitled to overtime pay

Posted On: January, 23 2015
In Ontario, not all employees are entitled to overtime pay. While the Ontario Employment Standards Act, 2000 (the “Act”) requires that an employer pay an employee overtime pay of at least 1.5 times his or her regular rate for each hour in excess of 44… more »
 

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