EI Clawback – Raise It or Not ?
This is a follow up from my post dealing with the role of the mediator – should they keep quiet or speak up when dealing with an issue that has…
Employment Law Claims in Bankruptcy
The recent bad news at Hudson’s Bay has again caused a review of the rights, or lack of them, of employees who have been terminated due to the insolvency. In…
Suing for Workplace Sexual Harassment – or Human Rights ?
Suing for Workplace Sexual Harassment - or Human Rights ? There has been much debate as to the best forum for advancing a claim for workplace sexual harassment. The administrative…
The Mediator’s Role re Defect in Pleading – or Minutes
At a recent mediation, it occurred to me that one party had missed an important issue in the case. What then is the duty of the mediator ? This may…
When is a Deal not a Deal ?
When is a Deal not a Deal ? Often when concluding a settlement agreement, it is late in the day. The participants are eager to cement the deal and go…
Ontario – Requirement of a Companion Action for Human Rights Relief in Civil Proceeding
The Statute As is well known, Ontario amended its legislation effective June 30, 2008 to allow for civil proceedings to seek a remedy under the Human Rights Code where there…
Non-Solicitation Cause Upheld
A 2023 decision of the Alberta King’s Bench considered a non-solicitation clause which had been agreed to between the parties. The clause was upheld and damages were allowed against the…
Just Cause in False Expenses of $250 – President of Operations
The British Columbia Court of Appeal, in December of 2023, upheld a trial judgment dismissing the wrongful dismissal claim of the plaintiff for just cause, based on dishonesty. The…
Ontario Court of Appeal Allows $1.5 Million in Punitive Damages in Disability Claim
The Ontario Court of Appeal, in December of 2023, upheld a jury award of $1.5 million in punitive damages against Sun Life in a claim for unfair treatment of an…