Normally, an ex employee or his or her lawyer is not allowed to put in a Statement of Claim, anything about an offer to settle made by the defendant employer. The reason is that the courts want parties to exchange…
Justice Perell just released an interesting/sad wrongful dismissal case that considered several issues, including the one listed above. In the case of Sonia Gracias v Dr. David Walt Dentistry the court followed several other Ontario cases and found that CERB…
Now that the Ontario Court of Appeal decided the one outlier Taylor case on procedural, versus substantive, grounds, we are left with a landscape whether there are three or four decisions saying " a lay off remains a constructive dismissal…
It is rare in criminal law to see a 9-0 ruling by the Supreme Court of Canada. That court issued such a criminal ruling recently regarding parole eligibility criteria for multiple murder convicts. The essentially ruled against "stacking" so that…
There are certain types of criminal offences that require "specific intent" to commit them rather than "general intent." Figuring out which is which has taken decades of jurisprudence. Regarding "specific intent" crimes there had been a defence of automatism for…
ThyssenKrupp is a famous elevator company. It had an office with 10 males and 3 females and it was a fun, joke filled place to work. Mr. Render was a supervisor with the company. He had been there 30 years…
In some refreshing news, the Ontario government has announced changes to the Employment Standards Act to ensure that folks who join the Canadian Armed Forces Reserves and have to leave their civilian jobs for weeks on end for military exercises,…
I was pleased to be defence (employer) counsel in the recent Superior Court trial decision of Pepper v Lamb. Mr. Lamb owned a small proprietorship that sold promotional products. Ms. Pepper was his longstanding, only employee, and realistically, she ran…
I just saw this announced on the news today. Since the Ministry of Labour is bringing the charges, presumably they are under the Occupational Health and Safety Act, (OHSA). The OHSA and its regulations are quite complex, but essentially a…
The legal profession, and thus our clients, will benefit from a well written and well researched recent Superior Court decision out of British Columbia about Covid lay offs and constructive dismissal. The case is called Verigan v Ensemble Travel Ltd.…