Practice Area: Litigation

Mere compliance with OHSA order not a mitigating sentencing factor, says Ontario Court of Appeal

· 4 min read

Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…

Supreme Court Weighs in on Summary Judgment

· 4 min read

Yesterday, the Supreme Court of Canada rendered two companion decisions in which it clarified the scope and process of summary judgment motions. In the unanimous decision, the Supreme Court provides some much needed guidance to the legal profession on the proper use of summary judgment motions in what the Supreme Court recognizes is a changing…

Decision of Private School Not Subject to Judicial Review

· 3 min read

In an important decision on the reach of administrative law, the Court of Appeal for Ontario held that a private school’s decision to expel a student for smoking marijuana in his dorm room was not subject to judicial review by the courts. The private school, Appleby College, is incorporated by a Special Act of the…

Supreme Court of Canada Provides Clarity to the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages

· 7 min read

The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman”). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…

SCC establishes framework for “preferability” analysis under CPA s. 5(1)(d)

· 3 min read

The Supreme Court of Canada released a significant decision with respect to the s. 5(1)(d) “preferable procedure” criterion for certification of a proposed class action under the Class Proceedings Act, 1992 (“CPA”). The OSC investigated allegations that the appellant  implemented measures that reduced, but failed to negate, harm associated with certain market timing activities engaged in by…

Significant Punitive Damages Arising from Employee Termination

· 2 min read

In the last several years, there have been some significant punitive damages awards in employment cases, where the court found that an employer acted in a “callous” or “hardball” manner upon termination. This recently happened in Pate Estate v. Galway-Cavendish and Harvey (Township). A trial judge had awarded $550,000 against a Township which had acted…

BCCA Decision Affirms Clear Language Needed to Reserve Right to Change Retiree Benefits

· 1 min read

A recent decision of the British Columbia Court of Appeal, Lacey v. Weyerhaeuser, considered an employer’s right to unilaterally change post-retirement benefits. Although the retiree benefits at issue in this case had been voluntarily instituted, it was found that the employer had represented that the retiree benefits would be maintained on and after retirement, and…

Supreme Court of Canada Denies Leave to Appeal in Reduction of Retiree Benefits Case

· 4 min read

Today, the Supreme Court of Canada (“SCC”) denied leave to appeal from a decision of the British Columbia Court of Appeal (“BCCA”) in Lacey v. Weyerhaeuser Company Limited. The case concerned changes to certain post-retirement benefits for retired salaried employees (“Retirees”) of Weyerhaeuser Company Limited (“Weyerhaeuser”), and a predecessor company. At issue were fully-funded post-retirement…

Ontario Court of Appeal Upholds Malicious Prosecution Finding Against Municipality, Reduces Punitive Damages

· 3 min read

In a cautionary tale for employers, the Court of Appeal for Ontario has upheld a lower court decision which found a Township guilty of malicious prosecution in its actions relating to a dismissed employee. The quantum of punitive damages awarded is also a stark reminder that employee terminations must be conducted in a fair and…