2 total
Defamation appeal dismissed; trial judge made no palpable error finding 'fraudulently produced' statement substantially true.
The appellant appealed a Small Claims Court decision dismissing her claims for wrongful dismissal and defamation against her former employer.
The trial judge found that the employer's statement that an invoice was 'fraudulently produced' was defamatory but substantially true, and thus justified.
On appeal, the appellant argued the trial judge erred in defining 'fraudulent' and in finding that the recipient of the invoice was not a client.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's contextual analysis of the defence of justification or his factual findings.
Arbitral award quashed for unreasonableness after arbitrator awarded only nominal damages for uninvestigated workplace sexual assault.
The applicant union sought judicial review of a labour arbitration award concerning a grievance for an employer's failure to investigate a workplace sexual assault of a 17-year-old employee.
The arbitrator upheld the grievance but awarded only $1,000 in nominal damages, finding the employee suffered no mental or emotional damages and blaming the lack of a formal complaint.
The Divisional Court found the award unreasonable, holding that the arbitrator failed to address the employer's statutory breaches under the Human Rights Code and the Occupational Health and Safety Act, relied on irrelevant considerations, and used stereotypical reasoning regarding the victim's reaction.
The court quashed the decision and directed a new hearing before a different arbitrator.
