Practice Area: Litigation

Sunny J. Khaira

In his broad practice, Sunny has successfully represented clients in judicial review applications, wrongful dismissal claims and human rights applications. Sunny has an impressive record in both the private and public sectors. He is regularly successful obtaining dismissals or resolutions of numerous labour arbitration grievances, various proceedings before the Ontario Labour Relations Board, and many wrongful dismissal cases before the Ontario Superior Court of Justice.

Successfully argued that previously declared vexatious litigant had no grounds to bring an action against a college and other proposed defendants as such an action would be an abuse of process and an attempt to relitigate closed matters, and there were no reasonable grounds for the action.

Successfully argued that previously declared vexatious litigant had no grounds to bring an action against a college and other proposed defendants as such an action would be an abuse of process and an attempt to relitigate closed matters, and there were no reasonable grounds for the action.

Appellate Court Finds Settlement for Payment of Bonus Enforceable Despite Breach of Non-Compete Clause

· 3 min read

The Court of Appeal recently upheld a motion judge’s finding that an employer was required to pay a bonus despite the fact that the dismissed employee was in breach of a non-compete clause. In Wilson v. Northwest Value Partners Inc., the parties entered into a settlement at mediation regarding Wilson’s claim for benefits (inclusive of…

Full Payout to End of Fixed Term Contract in Case of Early Termination, No Duty to Mitigate

· 3 min read

In Howard v. Benson Group Inc. (The Benson Group Inc.), the Ontario Court of Appeal ruled that in the absence of an express provision specifying a pre-determined notice period or pay in lieu (for early termination without cause), on the early termination of a fixed term contract an employee is entitled to the wages the…

Court Reaffirms Broad Academic Discretion of Universities

· 2 min read

In Tran v. University of Western Ontario, the Ontario Superior Court recently considered both the ability of an institution to shield itself from civil action on the basis of “academic discretion” and the liability of the individual employees of the institution in exercising such discretion. Justice Dunphy accepted that universities enjoy broad discretion in respect of academic…

BC Court Dismisses CFL Concussion Case for Lack of Jurisdiction

· 5 min read

In a recent decision that has garnered media attention, the Supreme Court of British Columbia concluded it was without jurisdiction to hear claims brought against the Canadian Football League (CFL), its teams and various individuals relating to concussions alleged to have occurred to a former professional football player…