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…