Tag: Damages

Supreme Court of Canada Provides Clarity to the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages

· 7 min read

The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman”). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…

Section 46.1 Code Damages Awarded by Court

· 1 min read

The Ontario Superior Court of Justice recently awarded damages under section 46.1 of the Ontario Human Rights Code, a section added to the Code in 2008 to permit courts to award damages for violations of the Code. Wilson v. Solis Mexican Foods appears to be the first decision in which such damages have been ordered…

HRTO Orders Reinstatement of Employee Who Was Terminated Almost a Decade Earlier

· 1 min read

In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted. In so ordering, the Tribunal explicitly stated that where an employer fails in its duty…

Worker Receiving WSIB Benefits Cannot Claim Monetary Relief under Collective Agreement

· 1 min read

A recent arbitration decision considered the historic trade-off made through the enactment of workers’ compensation legislation in Ontario almost 100 years ago, when, in general terms, a worker was barred from suing his or her employer for a workplace accident or occupational disease, in exchange for which the worker would receive benefits from the (now)…

Hicks Morley Information and Privacy Post – 2011/2012

· 4 min read

Dear Friends: It’s late August 2012, and here’s what’s on our minds. Our Information and Privacy Post is back. This edition contains 61 case summaries relating to the protection of confidential business information, electronic evidence, freedom of information, privacy, privilege and production. It has been a remarkable year. Canadian privacy law, in particular, has made…

Damages at Arbitration – the Divisional Court Comments on an Arbitrator’s Jurisdiction

· 10 min read

Last year, Arbitrator Owen Shime issued his now well known decision against the Greater Toronto Airport Authority (“GTAA”) for the wrongful termination of an employee who had been on sick leave. The decision was judicially reviewed and the outcome highly anticipated given the significant principles at stake. This FTR Now reviews the recent decision of…

Hicks Morley Information and Privacy Highlights – Spring 2011

· 19 min read

Welcome to the Spring 2011 Hicks Morley Information and Privacy Highlights! As you may have noticed, we’ve recently re-vamped our publication and introduced a shorter, more condensed version of our traditional Post, designed to provide you with the most relevant and leading case law. The Highlights will now be published three times annually and will…

School Board Update

· 16 min read

IN THIS ISSUE EFTO Bargaining Support Paid Religious Leave Management’s Rights Job Qualifications of Teachers Union Dues Trustee Conflict of Interest Damages for Maximum Class Size Violations Access to Adverse Reports Workers’ Compensation Claims and the Human Rights Code ETFO BARGAINING SUPPORT Public district school boards have less than a month in which to reach…