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Case In Point

The Ontario Superior Court has found that an investment firm defamed one of its former traders when it filed a Notice of Termination (NOT) with the securities regulator indicating the trader’s employment had been terminated for failing to follow trading policies and engaging in unauthorized trading. The Court concluded that there was no cause for…

Case In Point

The Supreme Court of Canada recently considered an employer’s duty to accommodate under Québec’s workers’ compensation legislation, the Act Respecting Industrial Accidents and Occupational Diseases (Act). In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, the Commission de la santé et de la sécurité du travail…

Case In Point

A recent decision of the Ontario Superior Court provides an important update and clarification on the applicability of arbitration clauses in a case where employment status is challenged. In Heller v. Uber Technologies Inc., the Court stayed a class action filed by a plaintiff on behalf of his fellow class members, Uber Drivers, against Uber…

Case In Point

In R. v. Kazenelson, the Ontario Court of Appeal recently upheld the conviction and the sentence imposed on a project manager who had been found guilty under the Criminal Code for criminal negligence causing death and criminal negligence causing bodily harm, arising from the collapse of a swing stage in 2009. The appellant project manager…

Case In Point

The Ontario Court of Appeal has once again considered a minimum entitlements clause in an employment contract and ruled it to be generally enforceable. In Nemeth v Hatch Ltd., an employee with 19 years service was dismissed with 8 weeks’ notice of termination and 19.42 weeks’ salary as severance pay, as well as continued benefits…

Case In Point

An appellate court recently overturned a decision acquitting a company which had been charged following a workplace fatality, holding that there may be circumstances where an employer is required to do more to protect its workers than what is prescribed under the regulations to the Occupational Health and Safety Act (OHSA). In Ontario (Labour) v….

Case In Point

There has been significant discussion of the Supreme Court of Canada’s decisions in R v Jones and R v Marakah – cases in which the Court recognized a reasonable expectation of privacy in text messages that police obtained from others. In Jones, the police obtained messages from a telecom company and in Marakah the police…

Case In Point

In  Thain v. Pattison Outdoor Advertising LP, the Ontario Superior Court of Justice stayed an Ontario resident’s freedom of expression claim under the Canadian Charter of Rights and Freedoms (Charter), finding that the Court lacked jurisdiction over the subject matter of the litigation and that “[t]he interests of justice overwhelmingly favour Manitoba as the appropriate and…

Case In Point

A recent compliance and enforcement decision of the Canada Radio-television and Communications Commission (Decision 2017-368) under Canada’s Anti Spam legislation (Act) provides useful guidance for organizations seeking to rely on the Act’s “business-to-business” exclusion, or implied consent, to send commercial electronic messages (CEMs). It also has significant implications for any organization making representations to the…

Case In Point

In Krishnamoorthy v. Olympus Canada Inc., the Ontario Court of Appeal recently considered the issue of continuity of an employee’s employment following the sale of a business, and in particular, where the sale of business involves the acquisition of only some of the vendor company’s assets. The plaintiff, Krishnamoorthy, became employed with Carsen Group in…