Written by Lewis Waring, Paralegal, Student-at-Law (3rd year), Editor, First Reference Inc.

In Benson v Central Health Authority, an employer fulfilled its duty to accommodate despite the negotiated resignation of its employee with a disability. Although the employee’s disability made continued employment impossible, the employer’s reliance upon a well-crafted human rights policy allowed it to fulfill its duty regardless. The employer fulfilled its duty to accommodate ultimately by responding to its employee’s request for accommodation systematically and fairly. . . . [more]

Running a business is tough, but it’s even tougher with competition. One of the worst kinds of competition can come from a former employee.

Some employers have tried to limit this risk through the use of what is called a non-competition clause, a provision in an employment agreement that bars a former employee from running a business in competition with their former employer.

The common law has generally disliked the use of non-competition clauses, and as far bas as 1894, the House of Lords stated in Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd,

The public have an

The greatest strain on the justice system during the pandemic is arguably on housing claims, given the cascade effects that unemployment and financial instability has had on tenancies.

Without a constitutional basis for undue delays in this area like in criminal law, some of these matters have been languishing even longer than usual.

One of the long-standing debates in this area of law has been whether a property manager can act as an agent on behalf of a landlord. This has become particularly important in Ontario since 2008, when paralegals became regulated and licensed by the law society.

The Law . . . [more]

Written by Daniel Standing LL.B., Editor, First Reference Inc.

The process of accommodating an employee with a disability can be a long one that is fraught with possible hurdles along the way. While the employer makes the ultimate decision about what a reasonable accommodation consists of, the union and employee have roles to play, as well. Primary among the employee’s responsibilities is the sharing of relevant medical information with the employer. When communication breaks down and the employer is left without the information it needs to explore possible solutions, arbitrators will take a hard look at the employee’s contribution. If, . . . [more]

Written by Lewis Waring, Paralegal, Student at Law (last year), Editor at First Reference

In Turnbull v Edmonton Pipe Trades Educational Fund o/a Alberta Pipe Trade College (“Turnbull”), an employer discriminated against its employee in violation of the Alberta Human Rights Act when it dismissed her one day after learning of her high-risk pregnancy. By failing to investigate whether the employee’s condition could be accommodated, the employer failed to implement its procedural duty to accommodate and paid the employee $35,000 in damages to dignity and lost wages.

Background

The employer, an Alberta technical college, employed the employee for a period . . . [more]

As the many COVID-19 employment law cases continue to work their way through the courts, there is an increasing number of decisions emerging in the unionized context.

A recent arbitral award by Arbitrator Jesin in Teamsters Local Union 847 v Maple Leaf Sports and Entertainment looked at the issue of vaccination disclosure, and the reasonableness of it in context of a mandatory vaccination mandate by the employer.

The unionized employee worked in a sporting and events environment that required close contact with other parties, including other employees. The employer implemented a mandatory vaccination policy after the provincial government in Ontario . . . [more]

There is often far too much in dispute in litigation. Counsel are often encouraged for this reason to formulate agreed upon facts, narrow the issues, and focus the dispute as much as they can.

Courts also assist with this process. One of the mechanisms for doing so is judicial notice, which was defined by the Supreme Court of Canada in R. v. Find as follows,

48 In this case, the appellant relies heavily on proof by judicial notice. Judicial notice dispenses with the need for proof of facts that are clearly uncontroversial or beyond reasonable dispute. Facts judicially noticed are

INTRODUCTION

In its December 2021 decision in Ontario Teacher Candidates’ Council v. The Queen, the Divisional Court held that the standardized Mathematics Proficiency Test (“MPT”) the Education Quality and Accountability Office (EQAO) had developed and the Ontario government had implemented for prospective teachers was unconstitutional because it disadvantaged Black and Indigenous candidates.

As a remedy, the Court allowed all candidates who had otherwise satisfied teacher qualification requirements to enter the profession. . . . [more]

Tobacco is a heavily regulated product. It is regulated under the Tobacco Tax Act to reduce the flow of untaxed products into the contraband market, and this is achieved through requiring a registration certificate for production and sale.

The Applicant in Sobczyk v. Ontario recently asked the Divisional Court to review the decision of the Ontario Ministry of Finance to refuse to issue a registration certificate for the 2021 calendar year. The Application for Judicial Review was dismissed, as the decision was found to be reasonable.

The Applicant is a tobacco farmer who was issued certificates from 2013-2020 on an . . . [more]

Technology has not been the panacea to delays in the court system. Ontario has announced $72 million to tackle the backlog, but even then it will likely focus on criminal proceedings, while civil cases continue to languish.

In Innocon Inc. v. Daro Flooring Constructions Inc., Justice Myers of the Ontario Superior Court of Justice indicated at para 80 that motions are being scheduled at least 8 months out in late 2021. Those delays are only expected to get longer in 2022.

The only reasonable and client-focused response to this is for counsel to find practical and effective solutions. . . . [more]

The pleadings are arguably one of the most important aspects of a civil claim, setting the groundwork for a proceeding in terms of damages, establishing the relevant issues, and informing the likelihood or possibility of settlement.

Sure, there are ways to amend your pleadings. But these typically cost time and money, and the ability to do so is not always guaranteed.

A recent Court of Appeal for Ontario decision McLean v. Wolfson illustrates some of the problems that can emerge in pleadings.

The self-represented Plaintiff alleged medical negligence during a leg surgery in 1995. Presumably to address the obvious issues . . . [more]

At the close of proceedings, especially contentious ones, parties often experience a form of buyer’s remorse, especially when they realize the discounted costs they may be entitled to, and the remainder they are still responsible for. Litigation can also be time-consuming, exhausting, and emotionally draining.

Responsible counsel often provide these warnings up-front, to set realistic client expectations, and sure that a mutual understanding around services are agreed upon, and hopefully reduced in writing. Some proceedings especially stand out as particularly futile, especially when characterized as such by the presiding judge.

Justice Dunphy recently released a decision in TSCC 2204 v. . . . [more]