The Law Helps Those Who Help Themselves: Lessons for Employers from Wilds v. 1959612 Ontario Inc.
In the context of adversarial litigation, it is tempting to want to do your opponent no favours and to “play hardball” at every opportunity. But in wrongful dismissal cases, employers […]
De Castro v. Arista Homes Limited: Judicial Guidance on Summary Judgment under Simplified Procedure, the Continued Importance of Waksdale and the Employer’s Evidentiary Burden to Prove a Failure to Mitigate
No two wrongful dismissal cases are exactly alike, but there are often similarities between them, including commencing the action under Ontario’s Simplified Procedure, a process available for lawsuits in which […]
Commercial Litigation Insights: Beyond the Veil: A Reminder from the Court of Appeal that Corporate Separateness is the Rule
Corporations are separate legal persons, capable of suing and being sued, much like natural persons. Unlike natural persons, however, corporations cannot direct their own actions. Instead, their decisions and actions […]
Commercial Litigation Insights: Difficult, but not Impossible: Court Orders Non-Party Production from a Lawyer in Sheeraz v Seathi et al.
Rule 30.10 is a very powerful evidence-gathering tool. It empowers the Court to order a non-party to produce documents in their possession, power, or control that are relevant to ongoing […]
Cause for Concern – CRA Employees Terminated For Cause for Improper Collection of CERB Benefits
Dismissal for “just cause” is often referred to as the “capital punishment” of employment law, as employment is terminated without any notice or pay in lieu. As such, it is […]
The Road to Settlement is Paved with Admissible Communications
In a decision released earlier this year, the Ontario Court of Appeal affirmed that “without prejudice” communications are admissible to prove the existence of a settlement, even where those communications […]
That’s an Order! Ministry of Labour reminds Employers that Compliance with Orders to Pay (and other Statutory Obligations) are not Optional
A Toronto-based newspaper and advertising company – and its director – were recently fined $90,000 and $10,000 respectively for failing to pay employees the wages they were owed,[i] serving as […]
Never Settle for Uncertainty
In a pair of recent decisions, Justices MacPherson, Simmons and Nordheimer of the Ontario Court of Appeal remind us that as with other commercial contracts, courts will construe settlement agreements […]
New Hope for Employers for “Just Cause” Termination Provisions: Rahman v Cannon Design Architecture Inc.
In Rahman v Cannon Design Architecture Inc., 2021 ONSC 5961 (“Rahman”), Justice Dunphy of the Superior Court of Ontario rejected the plaintiff’s argument that a “just cause” termination provision in […]
A Cautionary Tale for Employers: Russell v The Brick Warehouse LP
In Russell v The Brick Warehouse LP, 2021 ONSC 4822 Justice Vella of the Superior Court of Ontario awarded a terminated employee $25,000 in moral damages due to the employer’s […]
Where to? Another Trip for Uber as the Heller v Uber Technologies Inc. Class Action Drives Ahead
Following the Supreme Court of Canada’s highly anticipated decision in Uber Technologies Inc. v Heller, 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice certified the class […]
WeirFoulds’ Commercial Litigation Practice Group lawyers contribute to the Civil Procedure & Practice in Ontario 2021
WeirFoulds Commercial Litigation Practice Group is proud to contribute to Civil Procedure & Practice in Ontario (“CPPO”), a new free online resource jointly published by the University of Windsor and […]
Elections in the Time of COVID: Employer Obligations on Federal Election Day and COVID-19 Considerations
On September 20th, 2021, Canadians will head to the polls to elect their next Prime Minister and members to Parliament. This will be the first time in the history of […]
Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident
In Eynon v Simplicity Air Ltd,[1] the Ontario Court of Appeal recognized that post-incident conduct in the workplace can expose an employer to additional liability. The Court upheld a jury […]
You Heard Us the First Time: Global Payrolls Determine Severance Pay Obligations in Ontario
In Hawkes v. Max Aicher (North America) Limited,[1] the Divisional Court strongly affirmed and expanded the 2014 ruling in Paquette v Quadraspec Inc[2] that an employer’s entire national payroll must […]