Advice for employers in wrongful dismissal or constructive dismissal cases
Large law firms are generally quite expensive. When an employer hires a large law firm to defend a wrongful dismissal file brought under the Simplified Rules of procedure in Ontario, they are automatically behind the eight ball. Simplified Rules cases max out at $200,000.00 plus interest plus up to $50,000.00 in legal cost recovery. When […]
Sexual offences in Canadian criminal law.
I have been watching the news coverage of the world junior hockey players sexual assault trial in London. I am hoping that the judge, when she releases her reserved decision, blasts the pressures that police and Crowns feel in starting and continuing such a case. The unfairness of our system to men, is on full […]
Common law peace bonds
Hello everyone, I just thought it might be handy if I briefly commented on common law peace bonds. Most times we defence lawyers encounter these when the Crown wants to drop an assault charge, but wants something in place to protect the alleged victim in the short term. If the Crown went to the […]
Employees generally can still secretly tape relevant work encounters in Ontario
In labour law (union law) the arbitrators do not allow these tape recordings into evidence. In employment law (non unionized law) the case law remains in Ontario that the employee “generally” can secretly tape “relevant” encounters, as long as he/she participates, even slightly, in the discussion. I put the word generally in quotations, because one […]
Contractual acceptance by Emoji
The courts have moved into the modern age! There was a recent case out of Sask involving a purchase of flax seeds by a business. There was a quote by the vendor and someone from the prospective purchaser sent back a thumbs up emoji. Thus, the vendor supplied the flax seeds. The receiving company tried […]
Sexual harassment is bad for all concerned
I would like to comment on the sad (in my view) Cho v Cafe La Foret decision from the BC Supreme Court. Cho was the head baker at the cafe. He did not have even a brief written contract with the employer Cafe La Foret. Ms. Lee was a younger kitchen worker. At the material […]
Pleading employer termination meeting offers
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 offers and they do not want the parties to worry about looking “weak” to a […]
CERB as mitigation income
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 income should not be equated with mitigation income. This means that the employer does not […]
Constructive dismissal and Covid
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 at common law” and one case going the other way. With a two year […]
Cruel and Unusual Punishment
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 was no real effect on parole from multiple murders, as compared to a single […]