Eleanor A. Vaughan

Eleanor assists employers and management in resolving litigation and legal disputes, whether through principled settlement negotiations or courtroom advocacy.

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Appellate Court Strikes Pleading for Failure to Comply with Production Obligations

The Ontario Court of Appeal has upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. In Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), the Court articulates the core principles and…

Access To and Use of PPE Governed by CMOH Directive 5: An Inherent Balancing Act Confirmed by Arbitrator Stout

In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.

Ontario Bar Association: Litigating Wrongful Dismissal Files in Small Claims Court

Small claims are becoming much less “small” with the recent increase in monetary jurisdiction to $35,000. This change will result in significant growth in the number of wrongful dismissal matters which now fit within the scope of this forum. As employment counsel, you will likely find yourself before Small Claims Court much more frequently in your practice. Ensure you are up to speed on best practices for representing your clients in Small Claims Court.

Advantage CPD: Going Viral – COVID-19 Advice for Employers

As the number of confirmed cases of COVID-19 in Canada continues to rise, so too are the challenges that employers are facing across the country. Join us for a one-hour webinar as our presenters answer frequently asked questions and provide information on some of the key issues affecting employers with respect to the virus.

The Orders Made Under the Emergency Management and Civil Protection Act in Light of COVID-19 – What Are They?

Editor’s Note on July 27, 2020: With the proclamation of Bill 195 on July 24, 2020, the declared emergency came to an end. Many of the orders below, however, will continue in effect under Bill 195 in accordance with its provisions. This post will no longer be updated. On March 17, 2020, the Ontario government…