Publication Name: Case In Point

Federal Privacy Commissioner Weighs In Against Sharing Details of Employee Discipline

· 2 min read

In a recently released decision summary, the Office of the Privacy Commissioner of Canada (OPC) held that a bank acted properly in deciding not to tell the victim of unauthorized access precisely how it had punished its offending employee (Employee). The victim, the complainant in this case, was a neighbour of the Employee who happened…

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…

Appellate Court Finds Restrictive Covenant Not Enforceable Where Party Had No Legitimate/Proprietary Interest to Protect in Territory

· 3 min read

The Ontario Court of Appeal recently found that a restrictive covenant was unreasonable because the respondent, who sought to enforce the covenant, did not have a legitimate or proprietary interest to protect within the territorial scope of the covenant. In MEDIchair LP v. DME Medequip Inc., the Court was asked to decide whether the application judge had erred in finding that the restrictive covenant (provided in the course of a sale of business) was reasonable in scope, having regard to the legitimate or proprietary interest of the respondent.

Arbitrator Dismisses Grievance over Denial of Benefit Reimbursement for Medical Marijuana

· 3 min read

Arbitrator Sheehan recently dismissed a grievance by the Hamilton Professional Fire Fighters’ Association which asserted that the denial of a claim for payment of the grievor’s spouse’s medical marijuana breached the collective agreement. The grievor had submitted a claim to Manulife under the City of Hamilton’s benefit plan, seeking reimbursement for its costs. He had…

Disclosure of Disability Post-Termination Won’t Negate Dismissal for Cause

· 2 min read

Is an employer obligated to set aside the termination of an employee if the employee subsequently discloses a disability? The Ontario Court of Appeal has seemingly answered this question in the case of Bellehumeur v. Windsor Factory Supply Ltd. and provided clarity to employers regarding their ability to discipline inappropriate workplace conduct perpetrated by employees who suffer…

Court Recognizes New Privacy Tort: “Public Disclosure of Embarrassing Private Facts”

· 3 min read

In a case that can only add to the risk of privacy claims faced by organizations, the Ontario Superior Court of Justice recently awarded damages based on the new tort of “public disclosure of embarrassing private facts.” In Doe 464533 v N.D., the Court awarded damages to a plaintiff whose former boyfriend coaxed her to…

Court of Appeal Rejects Use of “Snapshot” Approach to Determine Exclusivity in Contractor Relationships

· 2 min read

Employment relationships generally fall into one of three categories: employee, dependent contractor or independent contractor. Exclusivity is often a key consideration when determining what category applies. Recently, the Court of Appeal for Ontario considered the degree of exclusivity required in a dependent contractor relationship in Keenan v. Canac Kitchens Ltd. In Keenan, the plaintiffs had…

Federal Court of Appeal Clarifies Employer Obligations to Investigate Workplace Violence Allegations under the Canada Labour Code

· 4 min read

In a recent decision, Canada (Attorney General) v. Public Service Alliance of Canada, the Federal Court of Appeal upheld a decision of the Federal Court which clarified an employer’s obligation to appoint an impartial “competent person” to investigate complaints of workplace violence. The Canada Occupational Health and Safety Regulations (“Regulations”) require an employer to appoint…

Appeal Court Upholds $20,000 Damages Award for Discrimination on the Basis of Family Status

· 2 min read

In this latest decision which considers discrimination on the basis of family status due to childcare issues, the Court of Appeal for Ontario upheld a trial judge’s finding that an appellant employer breached both the Employment Standards Act, 2000 (“ESA”) and the Human Rights Code (“Code”) when it terminated the employment of the respondent employee…