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Employers Tread Carefully – The Manner of Dismissing an Employee Can Cost You Close to A Million Dollars

Posted On: April, 18 2018
In December 2017, Justice Emery of the Ontario Superior Court awarded Gail Galea approximately $1.6 million in damages for her wrongful dismissal by Wal-Mart Canada.  What is truly remarkable about this decision, is Justice Emery’s award of $750,000 in… more »
 

Tribunals Cannot Use Legislation to Obtain Documents Protected By Solicitor-Client Privilege Unless It Contains “Clear, Explicit and Unequivocal” Language.

Posted On: January, 25 2018
In Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53, the Supreme Court protected documents subject to solicitor-client privilege from being released under Section 53 of Alberta’s Freedom of Information and Protection… more »
 

Supreme Court of Canada Upholds Common Law Rule That Positive Covenants Do Not Run With The Land.

Posted On: January, 17 2018
In the 2016 decision in Heritage Capital Corp. v. Equitable Trust 2016 SCC 19, the Supreme Court of Canada (‘SCC’) held that Equitable Trust was not entitled to payments under the Historical Resources Act (HRA) as part of an incentive agreement the City… more »
 

Ontario Court of Appeal Case Highlights Dangers of Missing Deadlines in Agreements of Purchase and Sale

Posted On: January, 09 2018
The Ontario Court Of Appeal held in its recent decision of 2260695 Ontario Inc. v. Invecom Associates Limited 2017 ONCA 70 that Invecom had violated the terms of their Agreement of Purchase and Sale and therefore had to forfeit its deposit. In this… more »
 

A “Statement of Fact” Defence Can Fail If the Court Finds Malice in Libellous Comments

Posted On: December, 05 2017
In a 2016 decision, the ONCA overturned the trial judge’s decision in Awan v. Levant ONCA 2016 970. Khurrum Awan brought a defamation suit against Ezra Levant relating to nine blog posts that accused the plaintiff of being a “liar” and “anti-Semite,”… more »
 

Rules of Civil Procedure 29.1: Discovery Plan

Posted On: November, 27 2017
Under the Rules of Civil Procedure 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… more »
 

ONTARIO GOVERNMENT PROPOSING TO REPLACE THE ONTARIO MUNICIPAL BOARD WITH LOCAL PLANNING APPEALS TRIBUNALS

Posted On: September, 19 2017
In May of 2017, the Ontario Government announced a proposal to eliminate the Ontario Municipal Board. Under the new proposal, disputes with municipal land planning decisions will instead be appealed to the Local Planning Appeal Tribunal (LPAT). The LPAT… more »
 

RULES OF CIVIL PROCEDURE 21.1: MANDATORY MEDIATION.

Posted On: August, 16 2017
Under the Ontario Rules of Civil Procedure 21.1, civil litigation trials in Toronto, Ottawa and Windsor are subject to the Mandatory Mediation Program. Under this program, actions that are subject to case management must be mediated by a private sector… more »
 

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.

Posted On: July, 26 2017
In a September 2016 decision, The Supreme Court of Canada held that Northbridge Indemnity Insurance Co. would have to pay for damages caused during window cleaning despite a clause excepting, “the cost of making good faulty workmanship.” In so doing the… more »
 

Defamatory Articles Published In Foreign Countries Can Be Actionable In Ontario If There Is Domestic Readership.

Posted On: June, 20 2017
The Ontario Court of Appeal (ONCA), in Goldhar v. Haaretz.com, 2016 ONCA 515 recently confirmed that a libel suit over an article written and published in Israel could be heard in Ontario if some of the readership resided in the Province. Specifically,… more »
 

The Context Of Contract Negotiations Can Be Important To Interpreting Unclear Contracts.

Posted On: June, 05 2017
The Ontario Court of Appeal recently used evidence from email negotiations to interpret the meaning of a lease agreement in 1079268 Ontario Inc. v. Goodlife Fitness Centers Inc. The disagreement between the parties over the amount of rent was the result… more »
 

The Contractual Requirement of “Active Service” Does Not Alter or Remove An Employee’s Right to Compensation for Bonus Payments During The Reasonable Notice Period.

Posted On: December, 02 2016
The Ontario Court of Appeal recently confirmed that the contractual requirement for employees to be “actively employed” to receive their regular bonus payments or other employment benefits is not enough to displace an employee’s right to common law… more »
 

Further Update: Wilson v Atomic Energy - Unjust Dismissal Under the Canada Labour Code

Posted On: November, 25 2016
Last year, we blogged about the Federal Court of Appeal’s decision in Wilson v Atomic Energy here, and specifically its determination that a dismissal without cause under the Canada Labour Code (“Code”) was not an unjust dismissal pursuant to sections… more »
 

Potential Future Violation of the Employment Standards Act Void an Entire Termination Provision

Posted On: September, 29 2016
There has been a debate over the past years regarding the legality of a termination provision in an employment contract which is compliant with the Employment Standards Act, 2000, [ESA] at the time of termination but which has the potential to violate… more »
 

Employers Beware: Asserting Cause for Termination When None Exists May Result in Longer Notice Periods

Posted On: September, 21 2016
In August, Justice Belobaba handed down his decision in Johar v. Best Buy Canada Ltd., 2016 ONSC 5287. [http://www.canlii.org/en/on/onsc/doc/2016/2016onsc5287/2016onsc5287.html]. This judgment serves as a stark reminder to employers: if you assert just… more »
 

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