The Supreme Court weighs in on criminal law and the “I was really/drunk/high” defence
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 many years; basically that the accused was so “out of it” that he/she did not […]
An expensive derriere slap- there is “intent” and then there is “premeditated intent.”
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 and had no discipline history. He seemed well liked. Ms. Viera was one of the […]
Canadian Armed Forces Reserves and Ontario’s Employment Standards Act
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, are not penalized by their employers. Given that the federal government will finally be prioritizing […]
Accommodation is a a two way street
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 the business. A dispute arose over music being played, of all things. Ms. Pepper left […]
Charges against London nursing home re Covid death of a male nurse
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 workplace and specifically those in any level of management in the company controlling the workplace, […]
Multiple Covid lay-offs
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. The case is a great “one stop shopping” place for lawyers to go to review […]
lay-offs considered again
The see- saw continues on the issue of whether a lay-off during Covid constitutes a constructive dismissal. The first Ontario Superior Court trial level decision came out a few months ago and said that the recent amendments to the Employment Standards Act by the Ford government regarding lay-offs did not change the common law. Thus, […]
Interesting Limitation of Actions case
Many cases involving construction disputes end up in the Small Claims Court. The appeals from that court go to the Divisional Court, which is one or more Superior Court trial judges, sitting as an appeal court on questions of law. In the case of Edges Contracting v Ghotbi, the contract was for leasehold improvements to […]
Covid Lay-Off Confusion
Although lay-offs are permitted and regulated under the Employment Standards Act of Ontario, they have been historically considered a constructive dismissal at common law. One of my cases from 1996, McHugh v Fitness Canada Health Spa helped establish that line of cases. The theory underneath was that the Employment Standards Act establishes minimums and by […]
A Lay Off Continues to be a Constructive Dismissal at Common Law, Despite Covid
A very recent Ontario case considered the effect of the changes to the Employment Standards Act brought about by Covid. The court ruled that these changes meant that a business would not be in trouble with the Ministry for commencing a Covid lay off, but that the changes to the Employment Standards Act did not […]