E. Guiste

The plaintiff, a former route supervisor for the Toronto Transit Commission (TTC), sued for wrongful dismissal after being terminated for her alleged involvement in a group benefits fraud scheme involving a healthcare supplier.

The TTC counterclaimed for the amount of the fraudulent benefits paid.

The court found that the plaintiff knowingly participated in the fraud by submitting claims for unnecessary medical devices and splitting the reimbursement proceeds with the supplier.

The court held that the plaintiff's conduct constituted civil fraud and willful misconduct, justifying summary dismissal without notice or termination pay.

The plaintiff's action was dismissed, and the TTC's counterclaim for $15,815 was allowed.

The plaintiff brought a motion to extend the time for written submissions following the conclusion of evidence at trial.

The plaintiff's new counsel required trial transcripts, which would not be available until mid-December, as the trial had been split over a year due to a change of counsel.

The court granted the extension, finding it would be unfair to require the new counsel to prepare submissions without the transcripts.

The applicant, charged with importing cocaine after a secondary inspection at the airport, brought an application for third party records seeking CBSA training materials on racial profiling.

She alleged that her referral to secondary inspection was based on racial profiling because she is Black and was travelling from Jamaica.

The court applied the O'Connor test and found that the applicant failed to establish that the requested records were likely to be relevant.

The court held that there was no direct or circumstantial evidence of racial profiling, as travelling from a drug source country was only one of several objective indicators used by the CBSA officer.

The application was dismissed.