In his decision in Khaper v. Air Canada, 2015 FCA 99, Justice Webb states the principle that the duty to accommodate does not survive the termination of employment if the employer legitimately had no knowledge of the employee’s disability at the time of termination. Davinder Khaper filed a complaint under the Canadian Human Rights Act […]

The recent termination of a Hydro One employee following an incident at a Toronto FC soccer match earlier this month has been the subject of extensive public debate. The employee, Shawn Simoes, was part of a group of men who made obscene comments to a City TV reporter, Shauna Hunt. Following the video of this […]

Distinguishing at law between an ordinary employee and a key employee who owes an employer fiduciary dutiescan be challenging at the best of times. In his decision in Optilinx Systems Inc v Fiberco Solutions Inc, 2014 ONSC 6944 Justice Perrell provided some additional guidance in making this important distinction. In this case, the plaintiff, Optilinx, […]

We previously wrote about the Small Claims Court decision Bray v Canadian College of Massage and Hydrotherapy, 2015 CanLii 3452 here. In addition to the lesson for plaintiffs in choosing the right forum, the Bray decision is also a cautionary tale for employers/respondents. Let us start by reviewing the facts. After her return from maternity […]

The importance of issuing a claim for wrongful dismissal in the right forum became abundantly clear in the recent decision Bray v Canadian College of Massage and Hydrotherapy, 2015 Can Lii 3452. The plaintiff, Kelly Bray, brought a wrongful dismissal and discrimination claim against her former employer, the Canadian College of Massage and Hydrotherapy, in […]

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The common employer doctrine allows individuals who have been wrongfully dismissed to extend liability past the employer who technically employs them to the “true” employer who has effective control over the employee. The limits of the common employer doctrine have yet to be strictly defined by the courts, but recent decisions have begun to test […]

In the landmark February 2015 decision, Nissen v. Durham Regional Police, 2015 ONSC 1268 (Nissen), the Ontario Superior Court established a private law duty of care in an informer privilege matter. In its decision, the Court awarded $345,000 in general and $115,000 in loss of guidance, care, and companionship damages to plaintiffs Chad Nissen and […]

The Federal Court of Appeal’s decision in Wilson v Atomic Energy, 2015 FCA 17 has added a new layer to the already exceptionally nuanced standard of review analysis where the decision under review is the subject of disagreement among administrative decision-makers. In Wilson, the Federal Court of Appeal was required to decide the appropriate standard […]