227 Results

Case In Point

In Dussault v Imperial Oil Limited, the Ontario Court of Appeal found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.” Background In 2016, Imperial Oil sold its retail business to Mac’s…

Case In Point

In Ariss v NORR Limited Architects & Engineers, the Ontario Court of Appeal upheld a decision of a motion judge who considered the appellant’s entitlements under the common law and the Employment Standards Act, 2000 (ESA) upon termination. Background In 1986, the appellant began employment with a company which was sold to the respondent employer…

Case In Point

In Ontario Public Service Employees Union v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), the Divisional Court recently overturned a 2017 Grievance Settlement Board (GSB) decision that found the grievor’s right to a workplace free of harassment had been violated but that it had no jurisdiction to award damages…

Case In Point

In Presley v. Van Dusen, the Ontario Court of Appeal provided guidance on the statutory limitation period and the reliance on “non-traditional” experts. Background The appellant homeowners retained Van Dusen to install a septic system in 2010. There were problems with the operation of the system. The appellants called Van Dusen and he appeared to…

Case In Point

In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…

Case In Point

In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., the Supreme Court of Newfoundland and Labrador judicially reviewed an arbitration decision in which the key issues were measuring impairment from cannabis use and accommodation obligations. The Arbitrator found that there is currently no way to accurately measure such…

Case In Point

The Ontario Divisional Court recently released Carter v. FCA Canada Inc and Human Rights Tribunal of Ontario, a decision which affirms that differential treatment between employees with work-related injuries and employees with non-work-related injuries is not discriminatory under the Ontario Human Rights Code (Code). The applicant, who had a non-work-related injury, sought to return to…

Case In Point

A recent decision from the Ontario Court of Appeal, Ontario (Labour) v. New Mex Canada Inc., confirms that it will only be in the rarest of cases where a jail sentence is seen to be appropriate in an occupational health and safety case, considering the weight the principle of deterrence should have on sentences given…

Case In Point

In Merrifield v. Canada (Attorney General), the Ontario Court of Appeal found that a “tort of harassment” does not exist in Ontario. The plaintiff/respondent was hired as a Constable in the Royal Canadian Mounted Police (RCMP) in 2005. He was promoted to Corporal in 2009 and then to Sergeant in 2014. In June 2007, he…