In Martin v. ConCreate USL Limited Partnership, a decision released yesterday, the Court of Appeal for Ontario determined that the restrictive covenants included in sale of business agreements were unenforceable. Among other things, the Court found that the duration for the covenants was unreasonable because it was “for an indeterminate period, and there is no fixed,…
Practice Area: Litigation
Important Direction on Restrictive Covenants from the Court of Appeal for Ontario
Restrictive covenants in an employment context are intended to control an individual’s competition and conduct in relation to her employer’s business after the employment relationship ends. These covenants will only be upheld by the courts if they are reasonable as between the parties and reasonable in light of the broader public interest in discouraging restraints…
Court of Appeal Upholds Finding that One Health and Safety Violation Did Not Constitute Just Cause for Termination
In its recent decision Plester v. PolyOne Canada Inc., the Court of Appeal for Ontario found that one violation of a health and safety rule did not constitute just cause for the termination of a long term supervisory employee. The plaintiff was employed as a line supervisor and had worked for the employer for 17…
Supreme Court of Canada Renders Decision in Indalex
Today, the Supreme Court of Canada rendered its long-awaited decision in Sun Indalex Finance, LLC v. United Steelworkers. The decision contains important findings with respect to, among other matters, the fiduciary duties of plan administrators, the reach of the statutory deemed trust provisions of the Ontario Pension Benefits Act, and the priority given to pension…
Raising the Bar – Fifth Edition
“Learn from yesterday, live for today, hope for tomorrow.” Albert Einstein Dear Friends, We’re very pleased to bring you the first 2013 edition of Raising the Bar, as our publication hits its second year. In this issue, we shine a light on the law of fiduciary duties. We discuss…
Indalex Pension Decision to be Rendered Friday
On Friday, February 1, 2013, the Supreme Court of Canada will be rendering its decision in Sun Indalex Finance, LLC et al. v. United Steelworkers et al. The appeal relates to an April 2011 decision of the Ontario Court of Appeal which granted “super-priority” to pension funding deficits in a Companies’ Creditors Arrangement Act proceeding….
Numerous Errors by Justice of the Peace Result in Overturned OHSA Conviction
In R. v. 679052 Ontario Limited (c.o.b. Auction Reconditioning Centre), the Ontario Court of Justice reaffirmed that active supervision of an employee is not required at all times. Moreover, where an employee is properly instructed not to do a task and the employer has no reason to believe the employee will do that task, the…
Alberta Court of Appeal Grants Leave to Appeal in Case Regarding Employer’s Health and Safety Obligations
Clearing the path for a future decision which is likely to provide further clarity on an employer’s health and safety obligations, the Alberta Court of Appeal has granted an employer’s application for leave to appeal in R. v. XI Technologies, in which it was found liable under the Alberta Occupational Health and Safety Act (“OHSA”)…
SCC Grants Leave to Appeal in Freedom of Association/Collective Bargaining Case
On December 20, 2012, the Supreme Court of Canada granted leave to appeal in the Mounted Police Association case which considered whether RCMP Regulations dealing with consultations between management and officers offended the freedom of association guarantee found in section 2(d) of the Charter. This case is important because it deals with the scope of…
Are Decisions of Private Schools Subject to Judicial Review? Does it Matter?
In the recent decision Setia v. Appleby College, a student at Appleby College, a private school in Oakville, was expelled “after he admitted to smoking marijuana in a friend’s dormitory the night before the final day of his sixth and final year at Appleby College.” The boy’s mother attempted to contact the principal, but “was…