In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…
Practice Area: Litigation
Advantage CPD: Bad Faith Damages – How Employers Can Avoid and Defend These Claims
In this session, we will discuss what constitutes bad faith in the employment context and how it applies to different phases of the employment relationship. We will address employer conduct leading up to termination, at the time of termination, during the post-termination period and during litigation—each of which can have an effect on an award for bad faith damages.
Eleanor Vaughan Quoted in Canadian HR Reporter Article About Recent Class Action Settlement
Canadian HR Reporter interviewed Hicks Morley’s Eleanor Vaughan for an article titled, “When small errors add up: Federal Court awards $817 million for class action benefits underpayment.” In light of the recent decision Manuge v. Canada, Eleanor notes how payment errors and other employment-related issues can open employers up to risk and how class action liability in those cases can be significant.
Successfully represented a national long-term care facility in upholding a for-cause termination at trial.
Successfully represented a national long-term care facility in upholding a for-cause termination at trial.
Successfully represented a large hospital association as an intervenor at the Court of Appeal defending mandatory vaccination policies against injunction motions. Successfully represented that same hospital association in a similar matter at the Superior Court level.
Successfully represented a large hospital association as an intervenor at the Court of Appeal defending mandatory vaccination policies against injunction motions. Successfully represented that same hospital association in a similar matter at the Superior Court level.
Successfully represented a municipality in a judicial review application to challenge sanctions imposed on a city councillor.
Successfully represented a municipality in a judicial review application to challenge sanctions imposed on a city councillor.
Successfully represented a long-term care home in a judicial review application related to the decision of an arbitrator to issue a declaration of collective agreement violation against the employer, with no other penalty.
Successfully represented a long-term care home in a judicial review application related to the decision of an arbitrator to issue a declaration of collective agreement violation against the employer, with no other penalty.
Successfully represented a mental health facility in a judicial review application related to the calculation of overtime pay in accordance with the collective agreement.
Successfully represented a mental health facility in a judicial review application related to the calculation of overtime pay in accordance with the collective agreement.
Federal Court Approves $817 Million Settlement in Disability Class Action
Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…
The Ontario Bar Association: Employment Law Class Actions
As an experienced class action litigator and one of the program speakers, Elisha Jamieson-Davies will examine current issues and ongoing actions on misclassification. She will also discuss the development of class action cases regarding diversity, equity and inclusion policies and employer hiring practices.