Kaley Maria Victoria Duff

The court granted summary judgment in favour of the plaintiff, Moyra Miller, finding that she was wrongfully dismissed by Alaya Care Inc. The court held that the termination provisions in the employment agreement and offer letter were unenforceable as they violated the Employment Standards Act, 2000, and did not clearly rebut the presumption of reasonable notice at common law.

The court found that Miller was induced to leave secure employment, and awarded her damages based on a 14-month reasonable notice period, including lost salary, benefits, bonus, and RSUs.

Farah Rahman appealed a summary judgment dismissing her wrongful dismissal action.

The motion judge had found her employment contracts' termination provisions valid under the ESA and that only one entity, CDAI, was her employer.

The Court of Appeal allowed the appeal, finding that the "just cause" termination provision in the employment contract violated the ESA by allowing termination without notice for conduct less than "wilful misconduct," rendering all termination provisions void.

The Court also found that the motion judge made palpable and overriding errors in determining the employer, concluding that the corporate respondents were common employers due to their high level of integration and control over Ms. Rahman.

The case was remitted to the Superior Court for damages quantification.

The Court of Appeal heard motions for leave to intervene from the Canadian Civil Liberties Association (CCLA) and the Income Security Advocacy Centre (ISAC) in a class action appeal concerning the Basic Income Pilot Project.

The CCLA's unopposed motion was granted, allowing it to file a factum and present oral arguments under specific terms.

The ISAC's motion was dismissed without costs because its direct involvement in shaping the factual matrix of the Basic Income Pilot Project, including consultations and advice to participants, made it too closely associated with the potential class members and the underlying factual issues, thus compromising its role as an intervener.

The representative plaintiff brought a motion for consent certification of a class action for settlement purposes, approval of the settlement agreement, approval of class counsel fees and disbursements, approval of a representative plaintiff honorarium, and discontinuance of the action for online-only teachers.

The class action alleged misclassification of teachers as independent contractors, leading to unpaid Employment Standards Act entitlements.

The court approved all requested relief, finding the settlement fair and reasonable, the cy-près distribution appropriate, and the fees and honorarium justified given the risks and efforts involved.

The plaintiff, a 43-year-old grader operator with 15 years of service, moved for summary judgment on a wrongful dismissal claim against the Township.

The court determined a reasonable notice period of 15 months, rejecting the defendant's argument of inadequate mitigation efforts due to insufficient evidence.

The plaintiff's claim for general damages for bad faith dismissal was dismissed, as the Township's failure to continue benefits was not deemed bad faith, and an employee's defamatory statement was outside the scope of employment and lacked proven reputational harm.

Damages were calculated for lost wages, overtime, benefits, and pension, but not for lost vacation pay.