Issue estoppel is a judicial doctrine of public policy aimed at preventing an unsuccessful party from re-litigating the same matter before another court or tribunal. As stated by the Supreme Court of Canada in the foundational case Danyluk v. Ainsworth Technologies Inc., issue estoppel seeks to prevent “duplicative litigation, potential inconsistent results, undue costs, and […]
In an important decision released on May 2, 2014, the Federal Court of Appeal has ruled that the Canada Border Services Agency (CBSA) breached the federal Canadian Human Rights Act, by taking the position that it did not have a duty to accommodate one of its employees who requested changes to her work schedule relating […]
Last year, our client brought an application under s. 116 of the Police Services Act to become a member of the Niagara Regional Police Senior Officers’ Association. The case was argued before the Ontario Civilian Police Commission, an independent oversight agency which carries out a number of adjudicative duties such as determining the status of […]
On February 24th and 25th, 2018, Patrick James participated as Visiting faculty as part of the University of Notre Dame’s Intensive Trial Advocacy Course. This prestigious program is regarded by many as one of the top trial advocacy programs in the United States.
Patrick James was recently appointed by Dean Adam Dodek to sit on the University of Ottawa Alumni Advisory Board, which will provide mentorship and advisory support to lawyers in the profession.
In late February 2019, Patrick James will once again participate as Visiting Faculty as part of the University of Notre Dame’s Intensive Trial Advocacy Course. This prestigious program is regarded by many as one of the top trial advocacy programs in the United States.
A decision recently released by the Court of Appeal for Ontario on February 16, 2011 has clarified a number of important issues in employment law. You can read the full text of the decision here: Love v. Acuity Investment Management Inc., 2011 ONCA 130. In this case, Mr. Love, a high-ranking executive of an accounting […]
Love v. Acuity Investment Management Inc., 2011 ONCA 130 In our previous blog we highlighted the Ontario Court of Appeal’s interesting decision to award a lengthy 9 month notice period to an executive who had 2.5 years of service. In this blog we seek to bring to your attention another interesting determination made by the […]
A recent endorsement by Justice Echlin of the Superior Court of Justice has affirmed that disabled employees who fail to receive appropriate workplace accommodations should be permitted to pursue wrongful dismissal and human rights damages in the Superior Court of Justice, even when these two claims relate to the same set of facts: Anderson v. […]
Machado v. Terrace Ford Lincoln Sales is a recent case from the Human Rights Tribunal of Ontario (the “Tribunal”) confirming that employers must take steps to accommodate employees who disclose their disability, even where no prior request for accommodation is made. Nicole Machado worked for Terrace Ford Lincoln Sales as a business manager. After five […]
