Madeleine Loewenberg

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his complaint of age discrimination against his former employer.

The applicant alleged that his termination at age 46 was discriminatory and that the Tribunal made errors of fact and law in its findings.

The Divisional Court dismissed the application, finding no errors of law and holding that the Tribunal's factual findings regarding the applicant's performance and the employer's business reasons for termination were reasonable and entitled to deference.

A worker employed by a small roofing company fell from a ladder while working on a residential roofing project and died from his injuries.

The company was convicted of failing to ensure a fall arrest system was in place and failing to notify the Ministry within 48 hours of the death.

The owner and operator was convicted of failing to ensure workers used fall arrest systems as a supervisor and furnishing false information to an inspector.

The court imposed jail sentences on the individual defendant and substantial fines on the corporate defendant, emphasizing the need for general deterrence in an industry with persistent fall-related injuries and fatalities.

The appellant employer appealed a trial judgment finding it had constructively dismissed the respondent by unilaterally reducing his commission from 18% to 9%.

The trial judge awarded a 15-month notice period, 3 months of Wallace damages for a toxic work environment, and 8 years of unpaid vacation and public holiday pay.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings on constructive dismissal, the Bardal factors for notice, the Wallace damages, and the respondent's entitlement to statutory holiday and vacation pay under the Employment Standards Act.