2 total
Children's aid society decisions verifying risk of sexual harm quashed due to fundamentally flawed investigation.
The applicant, a daycare teacher, sought judicial review of decisions by the respondent children's aid society verifying an allegation of risk of sexual harm against him.
The Divisional Court found that the respondent's investigation was fundamentally flawed, superficial, and failed to follow mandatory investigative steps, such as interviewing key witnesses and examining the physical layout of the daycare.
The court quashed the respondent's decisions, finding them unreasonable, and awarded costs to the applicant.
Long-term employee constructively dismissed after being demoted to a lesser role; 18 months' notice awarded.
The plaintiff, a 26-year employee, sued his former employer for constructive dismissal after he was removed from his long-standing position as a dock supervisor and offered a newly created, lesser role as a freight analyst.
The employer alleged performance issues, which the court found were unsubstantiated and part of a targeted effort to find fault.
The court held that the unilateral change in duties constituted a fundamental breach of the employment contract, amounting to constructive dismissal.
The court further found that the plaintiff was not required to mitigate his damages by accepting the demeaning new position in a toxic work environment.
The plaintiff was awarded 18 months' reasonable notice, but his claim for moral damages was dismissed.
