In a cautionary tale for employers, the Court of Appeal for Ontario has upheld a lower court decision which found a Township guilty of malicious prosecution in its actions relating to a dismissed employee. The quantum of punitive damages awarded is also a stark reminder that employee terminations must be conducted in a fair and…
Tag: Punitive Damages
Significant Punitive Damages Awarded by Saskatchewan Court
In the recent case Branco v. American Home Assurance Company, the Court of Queen’s Bench for Saskatchewan ordered $4.5 million in punitive damages against two insurance companies arising from what the court found to be their “cruel and malicious acts” against an injured worker. The case involved a worker who was injured on the job…
New High Water Mark for Punitive Damages Award: $4.5 Million
A recent decision of the Court of Queen’s Bench for Saskatchewan, which granted an injured worker $4.5 million in punitive damages, has garnered considerable media attention. The plaintiff, Mr. Branco, was a Canadian citizen. He sued his employer (Kumtor, owned by Saskatchewan-based Cameco) and insurers AIG and Zurich Life in relation to benefits arising from…
Raising the Bar – Second Edition
Dear Friends, Spring has arrived, and with the changing of the season, what better time for us to deliver our second issue of Raising the Bar! We hope that this issue will invigorate your mind and spark your interest with fresh and noteworthy developments from the courts. This issue will “shine a light” on expert…
Damages at Arbitration – the Divisional Court Comments on an Arbitrator’s Jurisdiction
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…
Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award
INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc. The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…