Repudiation Upheld Thus Valid Termination Clause of No Effect:
Barry Fisher's Employment Law Blog
by barryfisher
2d ago
In Klyn v Pentax Canada Inc., 2024 BCSC 372. Justice Edelman had a situation where the Defendant failed to honour their own termination clause. The result was that the Defendant could not rely on their otherwise enforceable termination clause and thus the Plaintiff was entitled to common law reasonable notice. This is what the Judge said : [6]       The parties agree on the applicable law. Repudiation is a breach of contract by one party giving rise to the right of the other party to terminate the contract and pursue the available remedies for the breach. A b ..read more
Visit website
Refusal to Set Aside a Noting in Default Can be Costly ;
Barry Fisher's Employment Law Blog
by barryfisher
2d ago
In YELLOW PAGES DIGITAL & MEDIA SOLUTIONS v. MASSOUMI ( unreported ) Justice Chalmers had the following fact situation: 1. Claim ( asking for One Million Dollars ) issued and served on Defendant on Day 1. 2. Lawyer for Defendant emails Plaintiff’s counsel on Day 9 and says he is in the process of being retained and wants to talk on the phone . 3. Counsel talk on phone Day 20. 4. Defendant files Defence. on Day 60 and discovers that Plaintiff noted him in default 2 days after their phone call without warning him that he would note him in default. The Judge not only set aside the defaul ..read more
Visit website
Forfeiture Clause for Breach of Confidentiality and Non Disparagement Provision in an HRTO Settlement Upheld:
Barry Fisher's Employment Law Blog
by barryfisher
1w ago
In L.C.C v M.M. ( 2023 HRTO 1138) Adjudicator Lavinia Inbar was dealing with an allegation that the former employee had  breached a settlement agreement by publishing on LinkedIn the following statement : “To all those inquiring, I have come to a resolution in my Human Rights Complaint against [the applicant corporation] and [the individual applicant] for sex discrimination.” The Minutes of Settlement contained the following provisions : Confidentiality: The Applicant may disclose the terms of these Minutes of Settlement to [their] immediate family, legal and financial advisors, on the co ..read more
Visit website
Adding Words to the ESA Wilful Misconduct Clause Makes Whole Clause Void:
Barry Fisher's Employment Law Blog
by barryfisher
1w ago
In De Castro v Arista Homes Ltd ( 2024 ONSC 1035 ) Justice Koehnen had to determine the enforceability  of the following termination clause :If you are terminated for Cause or you have been guilty of wilful misconduct, disobedience, breach of Employment Agreement or wilful neglect of duty that is not trivial and has not been condoned by ARISTA, then ARISTA will be under no further obligation to provide you with pay in lieu of reasonable notice or severance pay whether under statute or common law. For the purposes of this Agreement “Cause” shall include your involvement in any act or omiss ..read more
Visit website
“I Can Terminate You at Any Time ” Makes Termination Clause Void:
Barry Fisher's Employment Law Blog
by barryfisher
1M ago
In  Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, Justice Pierce reviewed the following without cause termination clause : “The Township may at its sole discretion and without cause, terminate this Agreement and the Employee’s employment thereunder at any time upon giving to the Employee written notice as follows:  (i) the Township will continue to pay the Employee’s base salary for a period of two (2) weeks per full year of service to a maximum payment of four (4) months or the period required by the Employment Standards Act, 2000 whichever is greater. Thi ..read more
Visit website
Ontario Rules of Civil Procedure No Longer Presume that Mediations are in Person :
Barry Fisher's Employment Law Blog
by barryfisher
1M ago
In Davies v Marks Supply ( no Canli listing yet ) Associate Justice Brown, in a case conference to determine whether a mediation would take place in person or on ZOOM, had this to say about the new provincial Guidelines To Determine Mode of Proceeding that came into force on February 1, 2024. [6] Contrary to the defendants’ submission, the provincial Guidelines To Determine Mode of Proceeding in Civil Matters no longer provide that discoveries and mediation are presumptively in person. The Guidelines were revised effective February 1, 2024 to remove any presumption for out-of-court proceedings ..read more
Visit website
Ethical Veganism is Not a Creed under the Ontario Human Rights Code:
Barry Fisher's Employment Law Blog
by barryfisher
1M ago
In Knauff v. Ontario (Natural Resources and Forestry) 2023 HRTO 1729, Adjudicator Karen Dawson found that ethical veganism was not a protected ground under the Ontario Human Rights Code as it was not a Creed. She adopted the OHRC definition of Creed as having the following definition 1.     Is sincerely, freely and deeply held 2.    Is integrally linked to a person’s identity, self-definition and fulfilment 3.    Addresses ultimate questions of human existence, including ideas about life, purpose, death, and the existe ..read more
Visit website
In Proving Sexual Harassment You Can’t Just Rely on an Investigation Report:
Barry Fisher's Employment Law Blog
by barryfisher
1M ago
In Kozar v The Canadian National Railway  Company ( 2024 MBKB ) Justice Rempel heard a summary judgement motion regarding a 61 year old Senior Material Supervisor with 34 years service who was terminated for sexual harassment . CNR relied completely on an investigation report done by a third party, who did not testify at the motion. CNR did not call any witness who actually made the termination decision. Moreover the Investigator made negative  findings about the Plaintiff’s credibility. CNR could not even show that the decision maker had even read the investigation report. The judge ..read more
Visit website
Nasty Fighting Between Relatives Who Work Together Not a Reprisal Under the OHRC
Barry Fisher's Employment Law Blog
by barryfisher
2M ago
In Leason v ADAMANDA In o/a Dairy Queen and Grill Huntsville,  2023 HRTO 1652 ( Adjudicator Daud ) the applicant raised a reprisal complaint against her employer. The manager of the store was the applicant’s first cousin. The problem seemed to have arisen when the manager’s sister ( not an employee at the time but also the applicants’ cousin) uninvited the applicant to her birthday party, which greatly upset  the applicant. Thereafter the three cousins ( including the applicant and her manager) engaged in some heated emails and verbal exchanges about this apparently grave injustice d ..read more
Visit website
Court Reminds Us AGAIN that IDEL Layoff = Dismissal :
Barry Fisher's Employment Law Blog
by barryfisher
3M ago
In  Webb v. SDT North America, 2023 ONSC 7170 the Superior Court told us again that putting someone on IDEL ( Infectious Disease Emergency Leave ) is allowed under the ESA but not under the common law. Nor does silence about the layoff constitute acceptance. Therefore a 55 year old Shipper Receiver with 13 years service got a 15 month notice period . In calculating damages the Court did two things which I thought were odd . 1. The Court said that the Plaintiff was entitled to 6% of his gross salary as vacation pay. Normally one does not receive vacation pay over the common law notice ..read more
Visit website

Follow Barry Fisher's Employment Law Blog on FeedSpot

Continue with Google
Continue with Apple
OR