Daniel Benjamin Fogel

An employee brought a wrongful dismissal action after being terminated for alleged anti‑Semitic remarks about the employer’s owners.

The employer asserted just cause based on reports from an undercover investigator and later relied on after‑acquired evidence.

The court found the investigator’s evidence unreliable and determined the employer had failed to conduct an adequate investigation or prove the alleged misconduct on a balance of probabilities.

Just cause was not established.

The court awarded 12 months’ reasonable notice damages and dismissed claims for aggravated, punitive, and Wallace damages.

The applicant purchaser sought a declaration that an open building permit relating to a garage constituted a valid objection to title under an agreement of purchase and sale for residential property.

The respondent estate argued the permit was inconsequential because no work had been undertaken and the permit merely authorized construction rather than requiring it.

The court held that an outstanding building permit creates potential exposure to municipal inspections, work orders, remedial construction, and litigation, thereby affecting the purchaser’s use and enjoyment of the property.

Given the uncertainty surrounding whether the permit could be closed and the potential cost of compliance, the permit constituted a defect going to the root of title.

The purchaser’s requisition requiring the permit to be closed was therefore valid and the respondent had not shown good title.