Avin Persad-Ford

The appellant employer appealed a trial decision finding it had constructively dismissed the respondent employee and rejecting its argument that the employment contract was frustrated by the employee's physical limitations.

The Court of Appeal upheld the finding that the contract was not frustrated, as the employee's limitations were temporary and could be accommodated.

However, the Court allowed the appeal in part, deducting damages awarded for the loss of use of a company tow truck and cellphone, finding they were work tools rather than personal employment benefits.

The Ontario College of Teachers alleged that the Member engaged in professional misconduct by psychologically, emotionally, and sexually abusing a former student.

The Member brought preliminary motions for an adjournment to seek third-party records and for a stay of proceedings based on abuse of process, both of which were dismissed.

After a contested hearing, the Discipline Committee found that the Member had befriended the student, provided his BBM pin, and sent her a message stating she looked beautiful.

The Committee concluded this conduct constituted psychological, emotional, and sexual abuse, as well as disgraceful, dishonourable, and unprofessional conduct.

The Member's certificate of qualification and registration was suspended on an interim basis pending a penalty hearing.

This is a costs decision following a summary trial in which the plaintiff's action for 50 percent of the defendant's $301,000 casino jackpot winnings was dismissed.

The action was based on alleged breach of an oral contract, breach of trust, and unjust enrichment.

The defendant sought substantial indemnity costs of $79,750.65, while the plaintiff argued for a reduced award of $25,000.

The court awarded the defendant $40,773.84 in costs, considering factors including the nature of the dispute, the use of two counsel, conduct issues involving a witness, and the principle that costs awards should be fair and reasonable rather than blindly reflecting actual costs incurred.

The plaintiff sought half of a casino royal flush jackpot won by his brother, alleging breach of an oral jackpot-sharing agreement, breach of trust, and unjust enrichment.

The court found there had been a longstanding arrangement to share significant gambling winnings when the brothers attended and played together, but that arrangement was narrowed by an April 17, 2022 text exchange to apply only when both were there together.

Because the defendant won the jackpot while alone, the revised agreement did not apply and there was no breach.

The court also rejected the trust and unjust enrichment claims and dismissed the action.

The appellant appealed a Licence Appeal Tribunal decision upholding the Registrar's refusal to register him as a motor vehicle salesperson due to past misconduct involving sexually explicit and inappropriate messages sent to a former co-worker and a customer.

On appeal, the appellant argued procedural unfairness, alleging ineffective assistance by his paralegal and improper admission of hearsay evidence.

The Divisional Court dismissed the appeal, finding the appellant failed to establish the factual basis for ineffective assistance of counsel and that the tribunal's admission of hearsay evidence, including the appellant's own admissions against interest, did not render the hearing unfair.

The moving party sought an extension of time to commence an application for judicial review of two orders made by the Ontario College of Teachers regarding alleged professional misconduct, and a stay of the ongoing disciplinary proceedings.

The court dismissed the motion, finding the application for judicial review premature as the administrative process had not yet run its course and the issues raised could be addressed before the Discipline Committee.

Consequently, the request for a stay was also dismissed.