In Evans v. The Sports Corporation, the Alberta Court of Appeal provides some important guidance on what classes of employees will be considered fiduciaries and what type of conduct will constitute solicitation of clients. Richard Evans was employed for six years by The Sports Corporation (“TSC”) as a sports agent responsible for TSC prospects and…
Practice Area: Litigation
Arbitrator Considers Employer’s Ability to Collectively Bargain Changes to Retiree Benefits
In TRW Canada Ltd. and Thompson Products Employees’ Assn. (Retiree Benefits) (Re), collectively bargained changes to vested retiree benefits were found to have been made without lawful authority. The changes had been proposed by the employees’ association (“Association”), following a particularly hard round of collective bargaining, and after the employer threatened to close one of…
Finding that Non-Worker Injury Reportable Under OHSA Overturned by Court of Appeal
Today, the Court of Appeal for Ontario rendered its long anticipated decision in Blue Mountain Resorts Limited v. Ontario (Labour). It overturned a finding of the Ontario Labour Relations Board, upheld on judicial review by the Divisional Court, that the drowning of a Blue Mountain hotel guest in the hotel’s swimming pool was reportable under…
Court of Appeal for Ontario Finds Restrictive Covenants Unreasonable and Unenforceable
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,…
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…