The Federal Court of Appeal recently released an important decision that clarifies the law relating to unjust dismissals under the Canada Labour Code (“Code”). In Wilson v Atomic Energy, 2015 FCA 17, the Court overturned a labour adjudicator’s decision that any dismissal without cause under the Codewas an unjust dismissal. Wilson was an employee of […]
Several media outlets have recently run stories¹ about former ING Financial Services trader Anthony Rotondi, who was ejected from a New York Knicks game at Madison Square Gardens (MSG) on January 7, 2014. The allegations are that he was attending the game with his supervisor and two clients, using his employer’s season tickets. During the […]
Warehouse fighting has a long and inglorious history in the annals of employment law. This recent Small Claims Court matter adds another chapter, or perhaps a footnote, to that history. In Peng v. Ferguson, the Court was faced with the question of whether one co-worker kicking another in the butt, excused a retaliatory punch in […]
Several media outlets have recently run stories¹ about former ING Financial Services trader Anthony Rotondi, who was ejected from a New York Knicks game at Madison Square Gardens (MSG) on January 7, 2014. The allegations are that he was attending the game with his supervisor and two clients, using his employer’s season tickets. During the […]
A great deal of research in various fields of academic study has attempted to identify and understand the factors that might explain why certain civil cases settle, yet others proceed to a trial before a judge, or a judge and jury. This research has been motivated, in part, by the fact that out-of-court dispute settlement […]
A series of experiments has demonstrated that “equity seeking” litigants are less likely to settle their claims out of court, and are less likely to defer to a rationally-justified settlement position.³ These are litigants who feel that they have been wronged on a moral level, not just on an economic level, and who are seeking […]
Civil contempt of court is defined as a private injury to a litigant arising from the opposing party’s disobedience of a court order or court process. When a court order is made by a judge requiring a litigant to do or refrain from doing some act, the court expects the litigant to obey the order. […]
In the recent case of Tsimidis v Certified General Accountants of Ontario, 2014 ONSC 4236, the Divisional Court granted Mr. Tsimidis’s application for judicial review of the CGA’s decision to withdraw him from its program of professional studies for having study notes in his possession during an examination. The Divisional Court, per Justice Then, found […]
In a June 2014 decision, the Supreme Court of Nova Scotia awarded $500,000 in punitive and $180,000 in aggravated damages to plaintiff Bruce Brine as a result of his insurer Industrial Alliance’s (“Industrial”) failure to handle Mr. Brine’s claim for Long Term Disability (“LTD”) benefits in a good faith manner. Mr. Brine worked as a […]
The Bank of Nova Scotia (“Scotiabank”) has reached a settlement with its employees in a class action involving a claim for unpaid overtime. In our previous blog posts, we have been following the case of Fulawka v. Bank of Nova Scotia. This case involved a bid by a group of Scotiabank employees to obtain certification […]
