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The court granted an adjournment of a scheduled trial to allow one defendant to pursue an appeal, but denied another defendant's request to adjourn for a summary judgment motion.
The court heard two separate motions for adjournment of a four-week trial.
Desjardins Financial Security Investments Inc. sought an adjournment to bring a summary judgment motion against the plaintiffs, arguing that an MFDA finding of misconduct against plaintiff Popovich provided just cause for termination.
The Woodall defendants sought an adjournment to pursue leave to appeal a decision by Carey J. that dismissed their motion to strike or stay the plaintiffs' claim due to unpaid costs orders.
The court denied Desjardins' motion, finding that they had delayed in bringing the summary judgment motion and that it would not fully dispose of the claim.
However, the court granted the Woodall defendants' motion, adjourning the trial, to allow their appeal process to conclude, citing the risk of conflicting outcomes and wasted judicial resources if the trial proceeded while a potentially dispositive appeal was pending.
Applicant awarded $4,000 after being screened out of hiring process due to inability to work Saturdays.
The applicant, a Seventh-day Adventist, applied for a New Business Clerk position at the respondent's call centre.
During a telephone pre-screen interview, she informed the recruiter that she could not work on Saturdays due to her religious beliefs.
The applicant was subsequently screened out and not offered an in-person interview.
The Tribunal found that the applicant's creed was a factor in the respondent's decision not to advance her in the hiring process, drawing an adverse inference from the respondent's failure to produce documents relating to other candidates.
The Tribunal awarded the applicant $4,000 in damages for injury to dignity, feelings, and self-respect.
Insurer liable for bad faith denial of disability benefits.
The plaintiff sued his disability insurer for unpaid benefits under a policy that provided two years of benefits for inability to perform his own occupation and thereafter benefits if unable to work at any occupation reasonably suited by education, training, or experience.
The insurer terminated benefits after surveillance suggested the plaintiff could perform light work and argued he could pursue supervisory or alternative occupations.
The court found that the plaintiff’s physical injuries, chronic pain, limited education, and cognitive limitations rendered him incapable of performing any suitable alternative occupation.
Surveillance showing brief periods of activity did not establish an ability to work competitively or continuously.
The insurer’s denial of benefits and adversarial claims handling constituted bad faith, warranting aggravated and punitive damages.
Long-term disability claim dismissed as plaintiff maintained employment and failed to meet total disability definitions.
The plaintiff brought an action against her disability insurer for long-term disability benefits and aggravated and punitive damages following a motor vehicle accident.
The insurer had terminated benefits after the plaintiff returned to work on a graduated basis and resumed her full salary.
The court dismissed the action, finding that the plaintiff failed to meet the policy's definition of total disability for both her 'own occupation' during the initial 24-month period and 'any occupation' thereafter, as she had maintained employment.
Furthermore, the group insurance policy had been cancelled by the employer before any subsequent claim was initiated, and there was no evidence of bad faith by the insurer.
