Justin Choy

The defendant, Ontario Power Generation Inc. (OPG), brought a motion to strike four causes of action from the plaintiff M.P.'s Amended Amended Statement of Claim: negligent investigation, intrusion upon seclusion by way of vicarious liability, breach of fiduciary duty, and harassment.

The court granted OPG's motion, finding that the claims for negligent investigation and breach of fiduciary duty failed to meet the established legal tests, the claim for vicarious liability for intrusion upon seclusion lacked sufficient connection to employment, and there is no recognized common law tort of harassment applicable to the facts pleaded.

Costs were awarded to the defendant.

The applicants sought an order directing the registrar of personal property security to discharge PPSA registrations made by the respondent against them, arguing no valid security interest existed.

The respondent, a former employee, had registered liens after being placed on unpaid leave due to a vaccination policy.

The court found no valid security interest, granted the order to discharge the registrations, imposed a statutory penalty of $500 per applicant under the PPSA, and awarded full indemnity costs to the applicants due to the respondent's reprehensible conduct in abusing the PPSA system.

The plaintiff, a former Senior Financial Services Representative at CIBC, brought an action for wrongful dismissal after being terminated for cause.

The employer alleged that the plaintiff repeatedly breached its Code of Conduct and policies, including failing to review overdraft reports, pulling credit bureau records without signed consent, and altering signed mortgage payout statements.

The court applied the contextual approach to just cause and found that the plaintiff's cumulative and persistent breaches of the employer's policies, despite previous warnings, struck at the heart of the employment relationship.

The action was dismissed.

The plaintiff, General Motors of Canada Company ("GM"), brought a motion for a permanent and/or interlocutory injunction against the defendant, Chidiebube Osita-Adubasim, to prevent trespassing, harassment, intimidation, assault, and mischief at GM's premises.

The defendant, a former contract employee whose employment was terminated due to sexual harassment complaints, had repeatedly attempted to gain unauthorized access to GM's Oshawa Assembly Plant, engaging in aggressive and threatening behavior, including assaulting a security guard.

Despite trespass notices and police citations, the defendant's conduct persisted.

The court applied the R.J.R.-MacDonald test for injunctive relief, finding a strong prima facie case of tortious and unlawful conduct, irreparable harm to GM's employees and operations, and that the balance of convenience overwhelmingly favored granting the injunction.

The motion was granted, and the injunction was ordered to remain in effect indefinitely, with a term requiring police assistance in enforcing the order.