23 total
Wrongful dismissal appeal dismissed as trial judge's factual findings on conflicting employment documents attracted deference.
The appellant appealed the dismissal of his wrongful dismissal action against his former employer.
At trial, the parties relied on entirely different documents containing starkly different terms to support their conflicting versions of the employment contract.
The trial judge rejected the appellant's version of events and preferred the employer's documentary evidence.
The Court of Appeal dismissed the appeal, finding that the trial judge's factual findings and credibility assessments were amply supported by the evidence and attracted considerable deference, with no palpable and overriding error demonstrated.
Defamation claim by police officers against newspaper dismissed as articles did not identify them individually.
The appellants, who are police officers, brought a defamation action against the Toronto Star regarding articles about systemic racism and racial profiling by the Toronto Police.
The motions judge struck the claim, finding it plain and obvious that the articles could not reasonably be understood to refer to the appellants as individuals.
The Court of Appeal agreed, noting that defamation is a personal tort and the articles used general language without identifying any particular officer.
The appeal was dismissed with costs.
Municipal by-law requiring restaurants to post food safety inspection notices upheld against jurisdictional and Charter challenges.
The applicant restaurant association challenged the jurisdictional and constitutional validity of a City of Toronto by-law requiring restaurant operators to publicly post the results of food premises inspections (the 'DineSafe' Disclosure Program).
The Divisional Court dismissed the application, finding that the city had the jurisdiction to pass the by-law under the Municipal Act and the Health Protection and Promotion Act.
The court also rejected the applicant's Charter challenges, holding that a corporation cannot invoke section 7, and that the mandatory posting of inspection notices did not infringe freedom of expression under section 2(b) because it did not force the owners to adopt the city's message or prevent them from disavowing it.
The court further held that even if section 2(b) were infringed, the by-law would be saved under section 1.