Seann Duncan McAleese

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.

This decision addresses the costs of a class action certification motion.

The plaintiff initially sought certification for a broad class action, which was adjourned due to being "uncertifiable." The plaintiff then reformulated and narrowed the claim, leading to partial certification.

The plaintiff sought substantial costs, while the defendant sought offsetting costs for wasted efforts.

The court, exercising its discretion, ordered no costs, finding the plaintiff's claim excessive and acknowledging the defendant's significant success in narrowing the class and issues.

The court emphasized reasonableness and divided success in class action costs.

The applicant, Medha Joshi, brought a motion under Ontario's anti-SLAPP legislation (s. 137.1 of the Courts of Justice Act) to dismiss a $700,000 counterclaim by Allstate Insurance Company of Canada.

Joshi's initial claim was for wrongful dismissal, alleging discriminatory insurance practices by Allstate against residents of Brampton, primarily visible minorities, which she had publicly discussed.

The court found that Joshi's expressions related to a matter of public interest.

Allstate failed to satisfy the court that its counterclaim had substantial merit or that Joshi had no valid defence, particularly regarding the absence of malice for malicious falsehood and the availability of absolute, qualified, and fair comment privileges for defamation.

Allstate also failed to demonstrate sufficiently serious harm.

Consequently, the motion was granted, and Allstate's counterclaim was dismissed as a Strategic Lawsuit Against Public Participation.

The appellant received notice of fundamental changes to his employment contract in July 2007, with working notice until September 1, 2009.

In October 2008, the respondents sought to impose immediate changes requiring the appellant to close his neighbourhood office and relocate to an Allstate-operated office.

The appellant refused and was terminated for cause on November 6, 2008.

The trial judge found the termination was proper.

On appeal, the court found that the Neighbourhood Office Agent Amendment (NOA) precluded the respondents from unilaterally imposing the relocation during the notice period, as it constituted a fundamental change to the agreed business model.

The appeal was allowed in part, with the appellant entitled to compensation for the balance of the notice period.

The plaintiff, a long-term sales agent, was terminated for cause by the defendant insurance company after refusing to accept fundamental changes to his employment terms, including relocation and a new compensation model.

The court found that the employer provided reasonable notice of the changes and that the plaintiff's refusal to comply constituted insubordination and abandonment of employment.

The court dismissed the plaintiff's claims for wrongful dismissal and damages, including claims for ongoing commissions and 'lifetime renewals', finding that the employment contract provisions ceased upon termination for cause and that the plaintiff failed to mitigate damages by refusing a reasonable offer of continued employment.