In its recent decision in Koutros v Persico USA Inc., the Ontario Superior Court of Justice set aside the service of a Statement of Claim and stayed an action on the basis that Michigan (not Ontario) was the appropriate jurisdiction in which to dispute the termination of an employment contract. The plaintiff lived near Windsor…
Practice Area: Litigation
Ontario Court of Appeal Confirms Harassment by Town Resident Outside Scope of Workplace Harassment Policy
In a recent decision, Rainy River (Town) v. Olsen, the Ontario Court of Appeal upheld the decision of an application judge which refused to grant a declaration that a resident of the Town of Rainy River had violated the Town’s workplace harassment policy when he harassed and defamed the mayor, council members and staff. The…
Court Orders Condo Resident to Cease and Desist her Uncivil Conduct Toward the Condo Corporation’s Staff
In a brief decision, York Condominium Corp No 163 v Robinson, the Ontario Superior Court of Justice recently ordered a resident/owner of a condominium unit (Resident) to cease and desist from “uncivil or illegal conduct” that violated the rules of the condominium corporation (Condo) and the Occupational Health and Safety Act (OHSA). The dispute in…
Appellate Court Considers Payment of Commissions For Laid-Off Employee
In Bakshi v. Global Credit & Collection Inc., the Court of Appeal dismissed an appeal of a decision of the Ontario Superior Court which had upheld the non-payment of commissions after lay-off on transactions that occurred prior to lay-off…
Appellate Court: Term “Probation” in Employment Contract Has A Clear Legal Meaning
The Ontario Court of Appeal recently confirmed that the term “probation” in an employment contract has a clear legal meaning. It upheld the termination of an employee during a six-month probationary period, who had been dismissed with payment of his applicable entitlements under the Employment Standards Act, 2000 (ESA). Common law has long recognized a…
Supreme Court of Canada Grants Worldwide Injunction Against Google
On June 28, 2017, a majority of the Supreme Court of Canada granted a worldwide interlocutory injunction against Google, requiring it to de-index websites of a distributor, Datalink. Datalink was using those websites to illegally sell intellectual property of another company and was also in breach of several court orders. The decision indicates that Canadian…
Court Disapproves of Employee’s Surreptitious Recordings of Meetings with Employer
In Hart v Parrish & Heimbecker, a trial judge recently upheld the dismissal of a 42-year old Merchandising Manager (Plaintiff) with 15 of years service, for a series of separate incidents that he had with peers and subordinates. The Plaintiff had engaged in inappropriate conduct which included repeatedly yelling at employees, displaying excessive anger and…
FTR Quarterly – Issue 6
In This Issue Gender Identity and Gender Expression: Best Practices for Employers and Service Providers FTRQ&A – Bill C-45, the Cannabis Act Quick Hit – Changing Workplaces Review: A Bill 148 Timeline The Dos & Don’ts of Employment Reference Letters: Best Practices for Employers Featured Lawyer – Simon Mortimer Featured Group – Pay Equity Featured Articles…
The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers
In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…
Appellate Court Finds Mutual Release Barred a New Claim Arising Years Later
In a recent decision, Biancaniello v. DMCT LLP, the Ontario Court of Appeal held that a mutual release operated to bar a claim even though the claim was unanticipated and unknown at the time the release was executed by the parties. In doing so, the Court overturned the decisions of the motion judge and the…