Michael Andrew Hines

This appeal concerned whether public school teachers are protected from unreasonable search and seizure by section 8 of the Canadian Charter of Rights and Freedoms when the search is performed in the workplace by their employers.

The case involved a school principal reading and taking screenshots of a private, password-protected log maintained by two teachers on their personal Google account, accessed via a workplace laptop, which was then used by the school board for disciplinary action.

The Court of Appeal found that the labour relations arbitrator and the Divisional Court erred in their interpretation and application of section 8, concluding that the teachers had a reasonable expectation of privacy in their log, which was violated by the principal's actions.

The appeal was allowed, and the arbitrator's award was quashed.

This is a costs endorsement following the Court of Appeal's decision on an appeal of a wrongful dismissal case.

The appellant insurance company sought to reduce the respondent employee's damages by challenging the reasonable notice period and bonus entitlements.

The Court of Appeal allowed the appeal in part, reducing the notice period but dismissing other arguments.

The respondent sought clarification on bonus entitlements and the parties exchanged submissions on costs.

The Court declined to entertain new arguments raised by the appellant at the costs stage and awarded costs to the respondent.

A senior vice president with 37 years of service was terminated without cause following a minor dispute over promotional sporting event tickets.

The motion judge awarded 30 months' notice and full bonus entitlements during the notice period.

On appeal, the employer challenged both the notice period and the bonus entitlement.

The Court of Appeal reduced the notice period to 24 months, finding no exceptional circumstances warranting a longer period.

However, the court upheld the bonus entitlement, finding that while the termination provision in the bonus plans was unambiguous and would have limited the employee's entitlement, the provision was unenforceable because it was not properly communicated to the employee by the employer.

The court held a multi-stage pre-trial conference in a defamation action to ensure an efficient and organized trial.

The judge expressed concern about the plaintiffs' ability to prove damages commensurate with the litigation costs and the lengthy delay since publication.

Directions were issued to streamline the trial process, including requiring evidence in chief by affidavit (except for one plaintiff), exchanging expert reports, facilitating expert meetings, and mandating the use of video conferencing for most foreign witnesses to reduce costs and delays.