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Published on: 13 May 2022 By

Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA

Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …

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Published on: 26 Apr 2022 By

Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court

In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse.   The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…

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Published on: 13 Apr 2022 By

Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?

In O’Brien v. Maxar Technologies Inc., Justice Akbarali declined to grant the plaintiffs’ motion for leave to proceed with claims under section 138.3(1) of the Ontario Securities Act (“OSA”), concluding that there was no reasonable possibility that the action would be resolved in favour of t…

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Published on: 8 Mar 2022 By

Getting it right in Ontario courts’ treatment of honoraria – Doucet and Redublo

In the event of a successful monetary settlement in a class proceeding, courts may order that additional compensation, in the form of a payment called an honorarium, be paid to a representative plaintiff who has meaningfully contributed to advancing litigation on behalf of the class. Honorar…

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Published on: 10 Feb 2022 By

First reported decision on s. 29.1 of the amended CPA – Bourque v Insight Productions

In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 (“CPA”), dismissing a putative class action for delay. Section 29.1 provides that, on a motion, the court must dismiss a putative class proceeding for delay unless, by the first…

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Published on: 31 Jan 2022 By

Three things Ontario employers can do this week to limit employment liability in 2022

Happy new year! Let’s hope that this is the beginning of the end of COVID-19. To start the year off with something light but action-oriented, I thought I would propose three things that you can do this week to help get your organization started off on the right foot in 2022 from an employment law...

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Published on: 9 Dec 2021 By

The Ontario “right” to disconnect: what should employers do about it?

Bill 27, otherwise known as the Working for Workers Act, 2021, recently received Royal Assent. The bill introduced various amendments to employment legislation in Ontario, including the Employment Standards Act, 2000. Two changes are attracting the most interest from employers. First, the ES…

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Published on: 6 Dec 2021 By

Upheld: plaintiffs win common issues trial after 24 years of institutional abuse

In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common is…

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Published on: 15 Oct 2021 By

Ontario Court releases merits decision in medical malpractice class action

After years of litigation, a medical malpractice class action has been decided on its merits. On September 15, 2021, the Ontario Superior Court released its common issues trial decision in Levac v. James, 2021 ONSC 5971. The class action resulted in the plaintiff achieving complete success a…

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