The Fall is upon us and, with that, the courts are back in full swing. Although this may mean busy times for you ahead, it also means that we can look forward to interesting decisions from the court on topics that may impact your litigation strategies…
Practice Area: Litigation
Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism
In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…
Successful in having 24 summonses issued against clients of an insurer broker quashed as an abuse of process.
Successful in having 24 summonses issued against clients of an insurer broker quashed as an abuse of process.
Appellate Court Finds Non-Compete Clause Unreasonable and Overly Broad
In a recent decision regarding the enforceability of a restrictive covenant, Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal upheld the decision of a motion judge that the restrictive covenant at issue constituted an unenforceable non-compete clause…
Expelling a Partner: An Expensive Cautionary Tale for Partnerships
In a cautionary tale for partnerships large and small, the Ontario Superior Court has found that BDO Canada LLP (BDO) breached the terms of its Partnership Agreement (Agreement) and its fiduciary duty when it required Tim Ludwig (Ludwig) to retire from the partnership. Damages in excess of $1.3 million were awarded. In Tim Ludwig PC…
“Bad Customer Service” – or Breach of Human Rights Legislation?
Service-based organizations – such as restaurants – have obligations to their customers under human rights legislation. But how far do these obligations go? Two recent cases help to define the line.
Represent clients as lead counsel in various aspects of litigation including, drafting pleadings, examinations for discovery, mediation, motions, pre-trial, and arbitration.
Represent clients as lead counsel in various aspects of litigation including, drafting pleadings, examinations for discovery, mediation, motions, pre-trial, and arbitration.
Supreme Court of Canada Majority Rules “Unjust Dismissal” Provisions of Canada Labour Code Prohibit Without Cause Dismissals of Non-Unionized Employees
In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.
Employer’s Egregious Mistreatment of Disabled Employee Leads to Increase in Damages Award
In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…
Appellate Court Considers Intentions of Parties, Finds an ESA-Only Termination Clause Valid
We previously reported on a decision in which a motion judge of the Ontario Superior Court considered…