Filion Wakely Thorup Angeletti LLP
Filion Wakely Thorup Angeletti LLP

Employment Law

 

  • Amendments for Temporary Help Agency Workers in the Employment Standards Act, 2000
     
  • Are Departing Employees Permitted to Compete with their Former Employer During the Reasonable Notice Period? According to the Supreme Court of Canada: "Yes"
    RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., 2008 SCC 54 (CanLII)  
     
  • Supreme Court of Canada Overturns Honda v. Keays
     
  • Dismissed? ... Please Return to Work - Supreme Court of Canada Reinforces Employee Duty to Mitigate
    Evans v. Teamsters Local Union No. 31, [2008] S.C.C. 20
     
  • Supreme Court of Canada Reforms Judicial Review Law and Holds that Public Office Holder Governed by Employment Contract is Not Entitled to Procedural Fairness When Dismissed
    Dunsmuir v. New Brunswick, 2008 SCC 9
     
  • Unilateral Changes to Employment Contract with Two Years’ Notice Found to Constitute Wrongful Dismissal
    Wronko v. Western Inventory Service Ltd., [2008] O.J. No. 1589 (C.A.)
       
  • Employers Required to Provide Military Reservist Leave Under the Employment Standards Act, 2000
     
  • Court Orders Wallace Damages for a Severance Package Offer
    Stuart v. Navigata Communications Ltd., 2007 BCSC 463
       
  • The Impact of the Creation of Family Day on Employers
      
  • Overtime Nightmare
    Fresco et al. v. Canadian Imperial Bank of Commerce
       
  • Employer Forced to Pay $107,554 for Interfering with Former Employee's New Employment
    Drouillard v. Cogeco Cable Canada Inc., [2007] O.J. No. 1664 (Ont. C.A.)
           
  • Confidentiality Agreement Leads To Interim Non-Compete Injunction
    C.B. Constantini Ltd. v. Slozka, [2006] B.C.J. No. 1798 (B.C.S.C.)
     
  • Recent Changes Made to Emergency Leave and Family Medical Leave Entitlements
     
  • Mental Distress Damages: Increased Liability for Employers?
    Fidler v. Sun Life Assurance Company of Canada, [2006] S.C.C. 30
      
  • Manager Fired for Lying About Sexual Relationship with Subordinate
    Carrol v. Emco Corp., [2006] B.C.J. No. 1230
     
  • Divisional Court rules that employers must clearly indicate that severance pay packages are in satisfaction of entitlements under the Employment Standards Act, 2000
        
  • Employer Bound by Finding of EI Umpire in Wrongful Dismissal Action
    Korenberg v. Global Wood Concepts Ltd., Ont. S.C.J., Dec. 9, 2005
       
  • Governments's Response to Mount Sinai, Recent Amendments to the Employment Standards Act, 2000
     
  • Ontario Employers Not Legally Required to Provide Late Night Transportation to Employees
       
  • Ontario Court Finds Suspension Without Pay and Demotion of Non-Union Employee was Constructive Dismissal
    Christina Carscallen v. FRI Corporation, [2005] O.J. No. 2400 (Ont. S.C.J.)
       
  • Provincial Employment Standards Laws Do Not Supersede Employee's Common Law Right To View Layoff As Dismissal
    Turner v. Uniglobe Custom Travel Ltd., [2005] A.J. No. 945
          
  • Back to Permits: Agreements to work excess weekly hours and to average overtime require government approval
    Employment Standards Amendment Act (Hours of Work and Other Matters), 2004
     
  • Ontario Court of Appeal Finds Cause To Dismiss Employee With Approximately 25 Years of Service
    Dowling v. Ontario (Workplace Safety and Insurance Board), 2004 CanLII 43992 (Ont. C.A.)
       
  • Ontario Superior Court Of Justice Orders Employer To Pay Short Service Employee The Balance Of A Five-Year Contract Based On An Oral Collateral Agreement
    Dwyer v. Mark II Innovations Ltd., [2004] O.J. No. 5201 (Ont. S.C.J.)
        
  • Court of Appeal Upholds Finding of a Breach of Fiduciary Duty Where a Client of the Employer Solicits the Departed Fiduciary
    KJA Consultants Inc. v. Soberman, [2004] O.J. No. 4560 (Ont. C.A.)
         
  • Refusal to recognize employer's right to make unilateral changes not just cause for dismissal
    Belton v. Liberty Life Insurance Co. of Canada, [2004] O.J. No. 3358 (Ont. C.A.)
     
  • Administrative suspension without pay prohibited in Quebec
    Cabiakman v. Industrial Alliance Life Insurance Co., 2004 SCC 55
     
  • Tickets for Violations of the Employment Standards Act, 2000
     
  • Terminating an employee's employment "nicely" (its because of restructuring), coupled with a severance package offer, did not amount to condonation so as to foreclose the employer's cause argument at trial
    Giancola v. Jo-Del Investments Ltd. (c.o.b. Da Vinci Banquet Hall & Restaurant), [2003] O.J. No. 3296 (C.A.)
     
  • Ontario Court rules that employee's can "ride two horses at the same time", simultaneously pursuing employers in the courts and before the Ontario Human Rights Commission over the same allegations
    Farris v. Staubach Ontario Inc. et al., unreported decision dated March 24, 2004
     
  • Successor Rights Update: Transferring employees with or without consent, that is the Enmax question
    The Supreme Court of Canada denies leave in Canadian Union of Public Employees, Local 38 v. Enmax Corporation, et al. (February 5, 2004)
     
  • Canada Labour Code Adjudicator uses PIPEDA to prohibit employer’s use of employee video surveillance in the course of its “malingerer” investigation
    Ross v. Rosedale Transport Ltd., unreported dated May 26, 2003 (Adjudicator Brunner)
     
  • Court Finds That Repeated Instances of Insubordination Constitute Cause For Dismissal
    Daniels v. Canadian Gift and Tableware Association, Ontario Superior Court of Justice, June 2, 2003
     
  • The ESA’s Maximum 13 Hour Work Day Cap Prevents Double Shifts of Eight Hours Each, Even if Employees (Supported by Their Union) Want to Work the Hours Because of the Premium Pay They Stand to Earn
    Norampac Inc., decision of Arbitrator MacDowell
     
  • Court Finds that Supervisor’s Defamatory Dismissal Letter Asserting Ultimately Unsubstantiated Theft Allegations is Entitled to the Defence of Qualified Privilege
    Litster v. B.C. Ferry Corp. and Taylor, 2003 BCSC 557
     
  • A Poor Reference Given by a Former Employer Does Not Necessarily Amount to Slander
    Miller v. Bank of Nova Scotia, (2002-12-09), 1670/01 (Ont.Sup.J)
     
  • Ontario Court of Appeal orders new trial in case where employer was held partly responsible for car-crash injuries suffered by employee who consumed alcohol at office Christmas party
    Hunt by her Litigation Guardian Hunt et al. v. Sutton Group Incentive Realty Inc. et al. (2002), 60 O.R. (3d) 665 (O.C.A.)
     
  • Ontario Court of Appeal awards damages for tort of intentional infliction of mental suffering in wrongful dismissal action
    Prinzo v. Baycrest Centre for Geriatric Care (2002), 60 O.R. (3d) 474 (O.C.A.)
     
  • After-Hours Conduct Constitutes Sexual Harassment, Finds Ontario Court of Appeal
    Simpson v. Consumers' Association of Canada (2001), 209 D.L.R. (4th) 214
     
  • Calculating Loss of Pension Benefits in Wrongful Dismissal
    Peet v. Babcock & Wilcox Industries Ltd. (2001), 53 O.R. (3d) 321 (Ont. C.A.)
     
  • Party to Contract Owed No Duty to Bring Clause of Contract to Other Party's Attention Before Contract Signed
    978011 Ontario Ltd. v. Cornell Engineering Co. (2001), 53 O.R. (3d) 783 (Ont. C.A.)
     
  • Court Of Appeal Rules That Enrolment Of An Employee In An Employee Assistance Plan Does Not Create An Expansive Duty Of Care To The Public
    John v. Flynn, [2001] O.J. No. 2578 (Ont. C.A.)
     
  • Alberta Court Issues Decision With Respect To Vicarious Liability Of School Board For Assault Committed By Former Teacher
    S.G.H. v. Gorsline, [2001] A.J. No. 263 (Alta. Q.B.)
     
  • Supreme Court Of Canada Rules That Dishonesty By An Employee Does Not Always Justify Dismissal
    McKinley v. BC Tel, [2001] S.C.J. No. 40
     
  • Supreme Court Refuses To Apply Issue Estoppel To The Decision Of An Employment Standards Officer
    Danyluk v. Ainsworth Technologies Inc., [2001] S.C.J. No. 46
     
  • Court Of Appeal Upholds Restrictions On Picketers' Activities, But Strikes Down Limit On Numbers Of Picketers
    Case name: Industrial Hardwood Products v. International Wood and Allied Workers, [2001] O.J. No. 28, January 10, 2001 (Ont. CA)
     
  • Ontario Court Holds An Employer Partly Responsible For Car-Crash Injuries Suffered By An Employee Who Got Drunk At A Company Social Function
    Hunt v. Sutton Group Incentive Realty Inc., [2001] O.J. No. 374 (Sup. Ct. of J.)
     
  • Court Upholds Right of Employer to Fire Employee for Secretly Bidding for Work in Anticipation of Competing with Employer
    Felker v. Sherman Cunningham & Electro Source Inc.,
    An Unreported Decision of the Ontario Court of Appeal dated May 18, 2000
     
  • Court of Appeal Agrees That Sexual Assault is Cause for Summary Dismissal
    Strong v. Kisbee et al
    Unreported Decision of the Ontario Court of Appeal dated August 1, 2000
     
  • Employee or Independent Contractor? Court of Appeal Finds Employer Liable for Tortious Acts of So-Called Independent Contractor
    671122 Ontario Ltd. v. Sagaz Industries Canada Inc.
    (2000), 46 O.R. (3rd) 760 (Ont. C.A.)
     
  • Plaintiff Not Entitled to Long-Term Disability Benefits During Reasonable Notice Period
    Pioro v. Calian Technology Services Ltd.
    (2000), 48 O.R. (3rd) 275 (Ont. Sup. Ct.)
     
  • Ontario Courts Lay Down the Law in Sexual Harassment in the Workplace
     
  • Court Awards Damages for Entire Length of Term Contract
    Spark V. Generex Pharmaceuticals Inc.
     
  • Senior Vice-President Establishes that he was Constructively Dismissed and Receives Record Award
    Schumacher v. Toronto-Dominion Bank
     
  • Court of Appeal Quashes Three Day Suspension of a Non-Union Employee
    Haldane v. Shelbar Enterprises Ltd., c.o.b. Tool & Cutter Supply Co.
     
  • The Tax Treatment of Workers' Compensation Benefits In Relation to Wrongful Dismissal Awards
    Antonacci v. The Great Atlantic & Pacific Company of Canada Ltd. (unreported, dated January 13, 2000, Ontario Court of Appeal: Doherty, Charron and Borins JJ.A.)
     
  • Class Actions in Mass Termination Situations
    Webb v. K-Mart Canada Ltd., [1999] O.J. No. 3285 (September 7, 1999) (Ont. Sup. Ct.)
     
  • Court of Appeal Rules on Alleged Issue Estoppel Based on Employment Insurance Ruling
    Minott v. O'Shanter Development Co. [1999] O.J. No. 5 (January 7, 1999) (C.A. - Carthy, Laskin and Goudge)
     
  • Bad Faith Discharge Extends the Reasonable Notice Period
    Wallace v. United Grain Growers Limited (c.o.b. Public Press) (October 30, 1997, S.C.C)

     

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