Employment and Labour Law - SCJ

The court considered whether the respondents were required to indemnify the applicants for legal costs incurred in proceedings before the Ontario Labour Relations Board, following a dispute over the sale of business and union obligations.

The application was dismissed, with the court finding that the indemnity provision in the parties’ settlement did not extend to the costs in question, based on contractual interpretation, the parties’ intentions, and public policy.

The court dismissed the plaintiffs' claims against the defendants for breach of contract, breach of fiduciary duty, and related economic torts arising from the formation of Icon Plumbing and the departure of key personnel from Riva Plumbing.

The court found that the plaintiffs failed to prove that the defendants competed unlawfully, misused confidential information, or caused any compensable loss.

The counterclaim for unpaid bonuses by Mike Ladisa and Joseph Ferrari was allowed, with damages awarded in the agreed amount plus interest.

The court held that Richard Turcotte was constructively dismissed by Grenville Management Inc. when he was unilaterally laid off during the COVID-19 pandemic, as the employment agreement did not permit such a layoff without his consent.

The court rejected the employer’s argument that pandemic-related regulations suspended the right to claim constructive dismissal at common law.

Turcotte was awarded 16 months’ pay in lieu of notice, with no punitive or moral damages, as the employer’s conduct, while problematic, did not meet the threshold for such awards.

This costs endorsement addresses the allocation of costs following a motion for injunctive relief brought by Mondee, Inc. and related plaintiffs against Voyzant Inc. and several individual defendants.

The court granted limited injunctive relief to Mondee, primarily the return and destruction of its information, but dismissed broader relief sought against the defendants.

The court found that the defendants were more successful on the substantive issues and awarded costs to Voyzant Inc. and the non-Binning departing employees, while denying costs to Jasvinder Binning due to his conduct.

The court declined to award Mondee its costs, holding that costs should generally be reserved to the trial judge where a trial is likely.

This costs endorsement addresses the appropriate amount of costs payable by the defendant to the plaintiff following a wrongful dismissal action under the simplified procedure.

The court reviews the parties’ conduct, the complexity of the case, the offers to settle, and the applicable rules, ultimately awarding the plaintiff the maximum costs permitted under Rule 76.12.1, plus reasonable disbursements, due to the defendant’s unreasonable settlement position and litigation conduct.

The plaintiffs brought a motion to compel answers to refusals and questions taken under advisement from the examination for discovery of the defendants’ representative.

The court considered the scope of discovery in a class action, focusing on whether the questions related to certified common issues.

The court ordered answers to certain questions and refusals to others, based on relevance and proportionality to the common issues.

No costs were awarded, as both parties had almost equal success.

The court dismissed the main action against Roger Rameshwar Rajkumar, finding no basis to pierce the corporate veil and impose personal liability for environmental damage to property.

The court granted the counterclaim of Rita Josomatee Rajkumar and 1526381 Ontario Inc. against Gloria Rajkumar, Superior Independent Medical Assessment Centre Ltd., and Simac Canada Inc., finding that Rita was constructively dismissed and entitled to 18 months’ notice and damages.

The decision addresses the legal standards for piercing the corporate veil, the distinction between employee and independent contractor, and the requirements for constructive dismissal and reasonable notice.

The decision addresses motions regarding the appointment of representative counsel for current and former employees and retirees of Hudson’s Bay Company ULC and related entities in ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings.

The Court declined to appoint any of the nominated law firms as representative counsel at this stage, instead appointing the Honourable Herman Wilton-Siegel as an independent third party to evaluate proposals and make a recommendation.

The Court also approved amendments to the Sale and Investment Solicitation Process (SISP) to remove the company’s art and artifact collection from the SISP and to appoint Heffel Gallery Limited to conduct a separate auction for the collection, subject to further court approval of procedures.

The reasons review the legal framework for appointing representative counsel and the importance of balancing stakeholder interests in complex insolvency proceedings.

The court found that William Williamson was wrongfully dismissed by Brandt Tractor Inc. after 18 years of service.

The employer failed to prove just cause for dismissal, relying on hearsay evidence regarding a customer complaint.

The court awarded damages based on a 17-month notice period and dismissed the claim for punitive damages, finding no egregious conduct beyond the statutory breach.

The court granted summary judgment in favour of Adam Boyle in his wrongful dismissal claim against Salesforce.com Canada Corporation.

The court found the termination clause in Boyle’s employment contract unenforceable due to ambiguity and non-compliance with the Employment Standards Act, 2000.

Boyle was awarded pay in lieu of reasonable notice for eight months (after a three-month reduction for late production of mitigation evidence), pro-rated bonus and RRSP contributions, and benefits.

Claims for aggravated, punitive, and special damages were dismissed.

The plaintiffs, Athanasia (Soula) Bougiotis and CleanMark Group Inc., sought interlocutory relief against the defendant, Jamil Manji, including the return and deletion of confidential information, an injunction restraining harassment, and an Anton Piller order.

The court found that Mr. Manji, a former employee, had engaged in a campaign of harassment and misuse of confidential information after his termination.

The court applied the RJR-MacDonald and Anton Piller tests, found a strong prima facie case, irreparable harm, and that the balance of convenience favoured the plaintiffs.

The court granted the requested relief and awarded substantial indemnity costs to the plaintiffs.

The defendant, The Corporation of the Township of Ignace, sought an adjournment of the trial for a wrongful dismissal and breach of contract claim brought by the plaintiff, Lynda Marie Joan Colby, pending the outcome of a related appeal to the Supreme Court of Canada in another case involving the same defendant and similar issues.

The court dismissed the motion, finding that the main claim to be advanced at trial—breach of contract—would not be affected by the pending appeal, and that adjourning the trial would set a problematic precedent.

The plaintiff moved for summary judgment in a wrongful dismissal action arising from a short-service managerial employment terminated without cause.

The court held the employment agreement's termination provisions were unenforceable because the "with cause" language could reasonably be interpreted as excluding continuation of benefits during the statutory notice period, creating a potential conflict with ss. 60(1)(a) and (c) of the Employment Standards Act, 2000 and voiding the termination scheme as a whole.

Applying the Bardal factors, the court fixed common law reasonable notice at four months for a 43-year-old manager with approximately 16 months' service.

Judgment was granted for $28,467.98, net of amounts already paid, plus pre- and post-judgment interest.

The plaintiff, Justin Ngan, brought a motion to partially discontinue his claim, amend his pleadings, and certify the action as a class proceeding regarding the calculation of holiday and vacation pay by The Bank of Nova Scotia.

The defendant consented to the motion.

The court granted the orders, finding the amendments and discontinuance reasonable and the class action appropriate for certification.

The class includes employees who received incentive or variable compensation, and the common issues focus on whether such compensation should be included in statutory pay calculations under the Canada Labour Code.

The court granted the defendants' motion to dismiss the plaintiffs’ action as statute-barred under the 15-year ultimate limitation period in the Limitation Act, 2002.

The plaintiffs, Bruce G. Johnston and Judith A. Walker, claimed wrongful expulsion from their union and denial of full pension benefits.

The court found that all material facts were known or discoverable by 1994/95, and the ultimate limitation period had expired long before the action was commenced in 2021.

The court also rejected arguments based on concealment, breach of contract, unjust enrichment, and the expulsion being void ab initio.

The decision concerns an interlocutory injunction sought by Mondee, Inc. and related companies against former employees and their new employer, Voyzant Inc., after a mass departure of staff and alleged misappropriation of confidential information.

The court grants an injunction requiring the return and destruction of Mondee’s confidential information taken by a departing employee, but declines to restrain the defendants from soliciting or dealing with certain customers, finding insufficient evidence of irreparable harm and that damages would be quantifiable.

The ruling provides a detailed analysis of the legal tests for interlocutory injunctions in the context of confidential business information and fiduciary duties.

The defendants brought a motion under Rule 5 of the Rules of Civil Procedure to remove all defendants except Diamond & Diamond Lawyers LLP from the action, or alternatively to stay the action against those defendants.

The court dismissed the motion, finding that the plaintiffs’ pleadings provided a basis for claims against the individual and professional corporation defendants, and that joinder was permissible under Rule 5.02(2)(c) due to doubt as to the proper party from whom relief may be obtained.

The court also found that the inclusion of these parties would not unduly complicate or delay the proceedings or cause undue prejudice.

The court granted an interlocutory injunction to Titan Tool & Die Limited, restraining Unifor, its Local 195, and named individuals from blockading the applicant’s premises and obstructing the removal of customer-owned tooling.

The decision addresses whether the dispute was a “labour dispute” under the Courts of Justice Act, the procedural and jurisdictional issues raised, and the application of the RJR-MacDonald test for interlocutory injunctions.

The court found the protest was not a labour dispute, that the requirements for an injunction were met even if it were, and that the balance of convenience, irreparable harm, and serious issue to be tried all favoured granting the injunction.

The court considered two motions: the plaintiff’s motion to restore the action to the trial list and the defendant’s motion to dismiss for delay.

The court found that the plaintiff failed to provide a reasonable explanation for significant periods of delay and failed to demonstrate that the defendant would suffer no non-compensable prejudice if the action proceeded.

The court dismissed the plaintiff’s motion to restore and granted the defendant’s motion to dismiss for delay, awarding costs to the defendant.

The court considered a wrongful dismissal and unpaid commissions claim by Kashif Salam against his former employer, Ontario Research and Innovation Optical Network (ORION).

The court found that while a draft commission plan was never finalized or binding, the parties’ conduct and employment agreement entitled Mr. Salam to commissions of up to 15% of his base salary.

The court awarded him damages for six months’ reasonable notice, loss of benefits, and commissions, totaling $58,419.52 less statutory deductions.