Court of Appeal rejects recognizing tort of harassment
The Ontario Court of Appeal has emphatically rejected “harassment” as a freestanding tort, at least in employment cases — but it didn’t close the door on the tort forever. 25 Mar 2019 The Ontario Court of Appeal has emphatically rejected “harassment” as a freestanding tort, at least in employment cases — but it didn’t close […]
$20-million judgment overturned
The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. 25 Mar 2019 The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. “The case cried out for scrutiny,” says Doug Cunningham […]
Ontario appeal court rules former IMAX exec may exercise stock options in reasonable period
Julius Melnitzer | January 21, 2020 The Ontario Court of Appeal has ruled that a wrongfully dismissed employee could take advantage of the stock options and restricted share units that vested during the reasonable notice period, despite language in the governing plans that cancelled unvested units on termination. The case, between IMAX Corp. and a former executive named Larry […]
No winners in wrongful dismissal appeal decision
Most of the time, litigation produces a victor. But the victor isn’t always a winner. And sometimes there are no winners.So it is with Colistro v. Tbaytel 2019 ONCA 197, a recent decision from the Ontario Court of Appeal arising from a wrongful dismissal case. From the employer’s perspective, it’s a case that never should have found […]
Is sex addiction a disability employers must accomodate?
A Nova Scotia arbitrator has ruled that sex addiction isn’t a disability that employers must accommodate, especially where the condition doesn’t affect the employee’s ability to perform their duties. The arbitrator, Augustus Richardson, also expressed doubt that a condition called “sex addiction” existed, noting it wasn’t generally recognized by an accredited professional body such as the American […]
New workplace harassment law will be real ‘game changer’ for employers
Employers will have to completely reassess how they manage harassment and violence in the workplace, costing hundreds of millions All eyes may be on the numerous amendments to the Canada Labour Code (CLC) that take effect on Sept. 1, but their impact on the 18,000 federally regulated employers and 900,000 employees governed by the legislation […]
Ontario Court of Appeal ruling highlights interpretation of termination clauses
The Ontario Court of Appeal has taken a technical approach to interpreting “termination clause” in ruling that a failsafe clause that doesn’t clearly apply to the entirety of a termination clause won’t be enforceable. “The big takeaway from Andros v. Colliers Macaulay Nicolls Inc. is that courts will pay close attention to grammar and structure in interpreting failsafe […]
Decision on Constructive Dismissal a Game Breaker
The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. “The ruling precludes civil actions based on chronic mental stress due to harassment in the workplace on the basis […]