In Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…
Business Operation: Ontario
Ontario Court Approves Settlement in First Volunteer Misclassification Class Action
In Montaque v. Handa Travel Student Trip Ltd., the Ontario Superior Court recently approved a settlement in what the Court has stated is Canada’s first “volunteer misclassification” class action. Factual Background In 2020, a class action was certified against four related companies that operated a travel business selling vacation tours to students. The certified class…
Municipalities Take Note: Ontario Introduces Strong Mayors, Building Homes Act, 2022
On August 10, 2022, the Ontario government introduced Bill 3, Strong Mayors, Building Homes Act, 2022 (Bill 3) for first reading. If passed, Bill 3 would amend the City of Toronto Act, 2006 and the Municipal Act, 2001 to provide new powers to the mayor of the City of Toronto and mayors of other “designated…
Ontario Reintroduces the Plan to Build Act (Budget Measures), 2022
On August 9, 2022, the Ontario government reintroduced the Plan to Build Act (Budget Measures), 2022 (Act) as Bill 2 for first reading. The government tabled its 2022 Budget, Ontario’s Plan to Build, and originally introduced the Act as Bill 126 on April 28, 2022. That same day, the Ontario Legislature rose, and on June…
Arbitrator Finds University’s Vaccination Policy to be Reasonable
On July 22, 2022, Arbitrator Wright released a preliminary award, Wilfrid Laurier University v United Food and Commercial Workers Union, in which he found that the University’s mandatory vaccination policy (Policy) was reasonable. In so finding, he cited the fact that the University implemented the Policy in accordance with the instructions and advice issued by…
Class Action Dismissed in Favour of Defendant
In Rebuck v. Ford Motor Company, the Ontario Superior Court recently granted the defendants’ motion for summary judgment to dismiss the plaintiff’s class action. The class action involved an allegation of misleading advertising under the federal Competition Act. Factual History In 2014, a consumer filed a lawsuit after noticing that the miles per gallon (MPG)…
Appellate Court Substantially Reduces Reasonable Notice Award for Failure to Mitigate
In Humphrey v. Mene Inc., the Ontario Court of Appeal found that a dismissed employee failed in her duty to mitigate by rejecting a comparable job offer with a new employer seven months following her termination of employment. The former employee, who had been the employer’s Chief Operating Officer, was 32 years old when her…
Appellate Court Considers Certification Under Class Proceedings Act, 1992 and Requirement That Pleadings Disclose a Cause of Action
In Bowman v Ontario, the Ontario Court of Appeal considered a motion for certification of a class action under the Class Proceedings Act, 1992 (CPA) which was dismissed by a certification judge. The Court of Appeal allowed the appeal in part, concluding that the judge erred in holding that the proposed class action did not…
Arbitrator Finds Two-Dose Vaccination Policy No Longer Reasonable
On June 17, 2022, Arbitrator Nairn held in FCA Canada Inc. v Unifor, Locals 195, 444, 1285 that a two-dose mandatory vaccination policy (Policy) implemented by an employer was no longer reasonable going forward due to the evolving scientific evidence regarding the COVID-19 virus. In so finding, she cited a number of pre-print scientific studies…
Ontario Court of Appeal Upholds Human Rights Tribunal Decision Concerning Gender Discrimination in Compensation Practices for Ontario Midwives
In Ontario (Health) v. Association of Ontario Midwives, the Ontario Court of Appeal dismissed an appeal by the Ministry of Health and Long-Term Care (Ministry), upholding the finding of the Human Rights Tribunal of Ontario (Tribunal) that the Ministry engaged in gender discrimination in compensation setting practices for midwives. In this Case in Point,…