3 total
Summary judgment on limitation period dismissed due to genuine issues regarding discoverability and benefit reinstatement.
The moving party, Ontario Lottery and Gaming Corporation (OLG), brought a motion for summary judgment to dismiss the plaintiff's claim for supplementary health benefits as barred by the Limitations Act, 2002.
The plaintiff had previously settled a long-term disability claim with Great-West Life, which retroactively acknowledged her disability.
OLG argued the plaintiff knew her benefits were cancelled in 2008 for non-payment of premiums.
The court found multiple factual and legal issues requiring a trial, including whether OLG was obliged to pay the premiums during the acknowledged disability period, conflicting evidence regarding reinstatement agreements, and the effect of OLG's prior premium refunds.
The motion for summary judgment was dismissed.
Human rights application dismissed mid-hearing due to applicant's profoundly unreliable evidence contradicted by video surveillance.
The applicant alleged that he was denied entry to a movie theatre, subjected to racist remarks by a theatre employee, and subsequently mistreated by a police officer based on his race and place of origin.
At the hearing, the adjudicator found the applicant's evidence to be profoundly unreliable, internally inconsistent, and entirely contradicted by video surveillance footage.
The video showed the applicant sneaking into the theatre and acting aggressively, rather than presenting a valid ticket as claimed.
Finding no credible evidence to support the allegations of discrimination, the Tribunal dismissed the application at the hearing without requiring the respondents to call their full case.
Employer failed to prove alleged misconduct; wrongful dismissal damages awarded.
An employee brought a wrongful dismissal action after being terminated for alleged anti‑Semitic remarks about the employer’s owners.
The employer asserted just cause based on reports from an undercover investigator and later relied on after‑acquired evidence.
The court found the investigator’s evidence unreliable and determined the employer had failed to conduct an adequate investigation or prove the alleged misconduct on a balance of probabilities.
Just cause was not established.
The court awarded 12 months’ reasonable notice damages and dismissed claims for aggravated, punitive, and Wallace damages.
