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…
Practice Area: Litigation
Securities Act Amendments Allow Employees to Bring a Civil Action for Reprisal Against Whistleblowing
Recent amendments to the Ontario Securities Act (Act) now permit an employee to commence a civil action in court for reprisal against whistleblowing. Section 121.5 of the Act imposes new potential liability for employers. It states: 121.5 (1) No person or company, or person acting on behalf of a person or company, shall take a…
Uber Driver Class Action Stayed Due to Arbitration Clause
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…
Appellate Court Upholds Criminal Conviction of Project Manager for Deaths/Injury Resulting from Swing Stage Collapse
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…
Ontario Court of Appeal Rules (Again) on the Enforceability of an ESA-Only Termination Clause
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…
Appellate Court Considers Scope of an Employer’s OHSA Obligations to Protect Workers
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….
Procedural Power of Courts Not Constrained by PIPEDA
In Royal Bank of Canada v. Trang, the Supreme Court of Canada held that the Personal Information Protection and Electronic Documents Act (PIPEDA) does not interfere with the procedural powers of a court. The decision arose out of a situation in which past judicial interpretation and application of PIPEDA had impeded the ability of the…
Appellate Court Clarifies Use of Subsequent Conduct Evidence in Resolving Ambiguous Contract
In an important decision regarding the law of contractual interpretation, Shewchuk v. Blackmont Capital Inc., the Ontario Court of Appeal considered when the subsequent conduct of parties can be considered in interpreting a contract made between those parties…
Appellate Court Refuses to Extend Time for Filing of Leave to Appeal: Case Lacked Merit
In Reid v College of Chiropractors of Ontario, the Ontario Court of Appeal recently reviewed the test for extending time to file leave to appeal. The Court dismissed the motion for an extension of time on the basis that the proposed appeal lacked merit. The decision provides a helpful summary of the test for extending…
Supreme Court Affirms Supremacy of Solicitor-Client Privilege
In Alberta (Information and Privacy Commissioner) v. University of Calgary, a majority of the Supreme Court of Canada (with two justices partially concurring) affirmed that the University of Calgary was justified in its refusal to produce certain documents over which it had claimed solicitor-client privilege to the Information and Privacy Commissioner of Alberta (Commissioner). The…