In a recent decision, Biancaniello v. DMCT LLP, the Ontario Court of Appeal held that a mutual release operated to bar a claim even though the claim was unanticipated and unknown at the time the release was executed by the parties. In doing so, the Court overturned the decisions of the motion judge and the…
Publication Name: Case In Point
Landlord Required to Give Additional Notice to Tenants as Religious Accommodation
The Human Rights Tribunal of Ontario (Tribunal) has recently found that a landlord’s statutory right to show an occupied rental unit with 24 hours’ notice may be limited by a tenant’s requests for accommodation. In Madkour v. Alabi, a Muslim married couple (the Applicants) rented an apartment in the home of the landlord (the Respondent)….
Appeal Court Affirms Exclusive Jurisdiction Model Applies in CFL Concussion Case
In a case that continues to attract media attention, the British Columbia Court of Appeal (Court) upheld a lower court decision that 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,…
Court Renders Helpful Decision on Random Drug and Alcohol Testing
In a helpful decision for employers, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, the Ontario Superior Court recently denied an application by the Amalgamated Transit Union, Local 113 and others (Applicants) for an interlocutory injunction to restrain the implementation of the Toronto Transit Commission’s (TTC) random drug and alcohol testing, pending completion of…
The Truth Hurts: Employer Not Liable In Defamation For Bad Reference Because It Was True
The Ontario Superior Court has affirmed that employers are not liable for defamation when they provide candid and truthful references about former employees. In Papp v Stokes et al, 2017 ONSC 2357, the plaintiff, Adam Papp, worked as an economist for Stokes Economic Consulting for 2.5 years when his employment was terminated without cause in…
Expulsion of Partners: Ontario Court of Appeal Confirms Good Faith Requirement
In Tim Ludwig Professional Corporation v. BDO Canada LLP, the Ontario Court of Appeal recently upheld a lower court decision which awarded an expelled partner in excess of $1.3 million in damages for lost profits and benefits, and aggravated damages (see our Case in Point, Expelling a Partner: An Expensive Cautionary Tale for Partnerships). In…
Fixed-Term Contract Termination Provision Violates ESA, Says Appeal Court
The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts. By way of background, we recently reported on the February 2017 decision of the Court of Appeal in Wood v Fred Deeley Imports Ltd. In that case, the Court reversed a motion judge’s conclusion that a termination…
Appellate Court Finds Labour Arbitrator has Jurisdiction in EI Premium Reduction Case
In a recent decision, the Ontario Court of Appeal underscored the importance of judicial deference to the arbitration and grievance process…
Appellate Court Finds Termination Clause Unenforceable for Breach of ESA
The recent dismissal by the Supreme Court of Canada of an employee’s leave to appeal an appellate decision which upheld the enforceability of a minimum standards-only termination clause was good news for employers…
Default Judgment Giving Rise to New Tort of “Public Disclosure of Embarrassing Private Facts” Set Aside
Early in 2016, we reported on a case in which the Ontario Superior Court articulated a new private tort: “public disclosure of embarrassing private facts.” The plaintiff in that case had been coaxed by a former boyfriend (the defendant) to send him a sexually explicit video of herself. Despite promising the plaintiff confidentiality, the defendant…