CANLII CONNECTS

The Little person fighting for his/her life: Denial of Long-Term Disability Benefits Kardaras v. Sun Life Assurance Company of Canada, 2020 ONSC 3925 (CanLII)

CANLII CONNECTS

Personal Liability for Mistakes on the Job. Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII) Everyone makes mistakes and sometimes those mistakes lead to a lawsuit. In employment law, there are two related, parallel concepts that operate when the wrongdoer is an employee who is on the job: personal liability of the employee and THE ONLY GOOD NEWS HERE IS FOR LAWYERS The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed” by the Ontario, Employment Standards Act, 2000 (the “ESA”) to be a statutorily protected infectious disease emergency leave of absence (“IDEL”), was nonetheless still a layoff for common law purposes that may trigger constructive dismissal.

CANLII CONNECTS

No requirement to continue benefits for those on STD or LTD. The Ontario Superior Court of Justice recently reviewed an arbitrator’s decision in relation to the withdrawal of an employee’s benefits who was being accommodated due to a disability in City of Toronto v CUPE Local 79 (2019 ONSC 4045).. In this case, the grievor was no longer able to work full-time due to a disability.

CANLII CONNECTS

Employers impose requirements on job applicants that may potentially violate the Ontario Human Rights Code (the “Code”).In the case of Haseeb v.Imperial Oil Limited, the Ontario Human Rights Tribunal found that the company discriminated against the applicant based on his citizenship, which is one of the grounds of discrimination specified

under the Code.

CANLII CONNECTS

Damages for inducing breach of contract are 'at large,' and accordingly take into account not only the pecuniary, but the non pecuniary damages for such matters as injured feelings, loss of reputation, and the nature of the conduct. The decision also references, in a quote from a recent Ontario case, the leading case of

Drouillard v.

CANLII CONNECTS

Antony Betts (Betts) was employed by IBM Canada Ltd. (IBM) in Nova Scotia in March of 1999 as a Learning Specialist. He worked in Nova Scotia until 2002, where he was moved to New Brunswick. At this job, Betts occasionally travelled to Ontario to provide training services. Betts became engaged to his fiancée whom he met while he was in

Ontario.

CANLII CONNECTS

Convention 87 of the ILO states that the right to collectively bargain is a fundamental human right and says that the right to collectively bargain is a BROAD right. SCC says that it’s reasonable to infer that s.2 (d) provides at least the same level of protection as that provided in international labour law. Further, concepts of human

CANLII CONNECTS

The Queen (Can.) v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), 1 SCR 205. Facts: SWP delivered infested wheat to the Canadian Wheat Board, in violation of s86 (c) of the Canadian Grain Act. The statute made no reference to using civil liability for breach of its provisions. The board did not make claim in common law negligence, but

DUTY TO ACCOMMODATE

Chen v. Ingenierie Electro-Optique Exfo Inc. In Chen v.Ingenierie Electro-Optique Exfo Inc., a 2009 decision of the Human Rights Tribunal of Ontario, the Applicant worked as a shipper-receiver for the Respondent employer.The applicant began to experience back pain in

CANLII CONNECTS

The Little person fighting for his/her life: Denial of Long-Term Disability Benefits Kardaras v. Sun Life Assurance Company of Canada, 2020 ONSC 3925 (CanLII)

CANLII CONNECTS

Personal Liability for Mistakes on the Job. Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII) Everyone makes mistakes and sometimes those mistakes lead to a lawsuit. In employment law, there are two related, parallel concepts that operate when the wrongdoer is an employee who is on the job: personal liability of the employee and THE ONLY GOOD NEWS HERE IS FOR LAWYERS The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed” by the Ontario, Employment Standards Act, 2000 (the “ESA”) to be a statutorily protected infectious disease emergency leave of absence (“IDEL”), was nonetheless still a layoff for common law purposes that may trigger constructive dismissal.

CANLII CONNECTS

No requirement to continue benefits for those on STD or LTD. The Ontario Superior Court of Justice recently reviewed an arbitrator’s decision in relation to the withdrawal of an employee’s benefits who was being accommodated due to a disability in City of Toronto v CUPE Local 79 (2019 ONSC 4045).. In this case, the grievor was no longer able to work full-time due to a disability.

CANLII CONNECTS

Employers impose requirements on job applicants that may potentially violate the Ontario Human Rights Code (the “Code”).In the case of Haseeb v.Imperial Oil Limited, the Ontario Human Rights Tribunal found that the company discriminated against the applicant based on his citizenship, which is one of the grounds of discrimination specified

under the Code.

CANLII CONNECTS

Damages for inducing breach of contract are 'at large,' and accordingly take into account not only the pecuniary, but the non pecuniary damages for such matters as injured feelings, loss of reputation, and the nature of the conduct. The decision also references, in a quote from a recent Ontario case, the leading case of

Drouillard v.

CANLII CONNECTS

Antony Betts (Betts) was employed by IBM Canada Ltd. (IBM) in Nova Scotia in March of 1999 as a Learning Specialist. He worked in Nova Scotia until 2002, where he was moved to New Brunswick. At this job, Betts occasionally travelled to Ontario to provide training services. Betts became engaged to his fiancée whom he met while he was in

Ontario.

CANLII CONNECTS

Convention 87 of the ILO states that the right to collectively bargain is a fundamental human right and says that the right to collectively bargain is a BROAD right. SCC says that it’s reasonable to infer that s.2 (d) provides at least the same level of protection as that provided in international labour law. Further, concepts of human

CANLII CONNECTS

The Queen (Can.) v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), 1 SCR 205. Facts: SWP delivered infested wheat to the Canadian Wheat Board, in violation of s86 (c) of the Canadian Grain Act. The statute made no reference to using civil liability for breach of its provisions. The board did not make claim in common law negligence, but

DUTY TO ACCOMMODATE

Chen v. Ingenierie Electro-Optique Exfo Inc. In Chen v.Ingenierie Electro-Optique Exfo Inc., a 2009 decision of the Human Rights Tribunal of Ontario, the Applicant worked as a shipper-receiver for the Respondent employer.The applicant began to experience back pain in

CANLII CONNECTS

9354-9186 Québec inc. v. Callidus Capital Corp., 2020 CanLII 5612

(SCC)

SUMMARY OF R V NEZCROCHE Criminal Law - Assault - Assault Causing Bodily Harm - Sentencing|Criminal Law - Sentencing - Conditional Sentence Order The offender was initially charged with the offence of aggravated assault.

CANLII CONNECTS

Employers impose requirements on job applicants that may potentially violate the Ontario Human Rights Code (the “Code”).In the case of Haseeb v.Imperial Oil Limited, the Ontario Human Rights Tribunal found that the company discriminated against the applicant based on his citizenship, which is one of the grounds of discrimination specified

under the Code.

SUMMARY OF R V GORE

Constitutional Law - Charter of Rights, Section 7, Section 11(b), Section 24|Criminal Law - Evidence - Disclosure - Conditions The thirteen accused, members of Unifor, were on the picket lines in support of Unifor’s labour dispute with the employer, Federated Cooperatives Limited. SUMMARY OF R V KEARSEY Criminal Law - Break and Enter with Intent to Commit Indictable Offence|Criminal Law - Robbery - Armed Robbery The accused was charged with a total of 10 offences arising from a break and entry and armed

robbery of a house.

SUMMARY OF A.G. V J.G. Family Law - Child Support|Family Law - Spousal Support The petitioner wife sought orders for divorce, child and spousal support, both current and retroactive, and division of family property. THE SUPREME COURT’S DECISION IN VAVILOV: A NEW FRAMEWORK The Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (and its companion decision Bell Canada v. Canada (Attorney General), 2019 SCC 66) attempts to resolve that debate. Vavilov provides the most comprehensive review and reformulation of the law on the standard of

review in over a

SUMMARY OF R V THOMPSON Criminal Law - Weapons Offences - Sentencing|Criminal Law - Sentencing - Aboriginal Offender - Gladue Report The accused was charged and convicted of seven counts related to weapon offences under the following Criminal Code provisions: 1) possession of a loaded prohibited firearm without authorization, contrary to s. 95(1)(a); 2) carrying a firearm in a careless manner, contrary to s. SUMMARY OF R V BLS ASPHALT INC. Provincial Offences - Occupational Health and Safety The trial judge was called upon to decide whether BLS Asphalt Inc. (BLS), a corporation that operated a crusher gravel pit, was guilty of offences contrary to The Occupational Health and Safety Act (Act) and its regulations by 1) failing to provide any information, instruction, training, and supervision necessary to protect the health and

CANLII CONNECTS

Association of Justice Counsel v. Canada (Attorney General), 2017 SCC 55 (CanLII), 2 SCR 456 THE ONLY GOOD NEWS HERE IS FOR LAWYERS The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed” by the Ontario, Employment Standards Act, 2000 (the “ESA”) to be a statutorily protected infectious disease emergency leave of absence (“IDEL”), was nonetheless still a layoff for common law purposes that may trigger constructive dismissal.

CANLII CONNECTS

No requirement to continue benefits for those on STD or LTD. The Ontario Superior Court of Justice recently reviewed an arbitrator’s decision in relation to the withdrawal of an employee’s benefits who was being accommodated due to a disability in City of Toronto v CUPE Local 79 (2019 ONSC 4045).. In this case, the grievor was no longer able to work full-time due to a disability.

CANLII CONNECTS

Personal Liability for Mistakes on the Job. Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII) Everyone makes mistakes and sometimes those mistakes lead to a lawsuit. In employment law, there are two related, parallel concepts that operate when the wrongdoer is an employee who is on the job: personal liability of the employee and

DUTY TO ACCOMMODATE

Chen v. Ingenierie Electro-Optique Exfo Inc. In Chen v.Ingenierie Electro-Optique Exfo Inc., a 2009 decision of the Human Rights Tribunal of Ontario, the Applicant worked as a shipper-receiver for the Respondent employer.The applicant began to experience back pain in

CANLII CONNECTS

Antony Betts (Betts) was employed by IBM Canada Ltd. (IBM) in Nova Scotia in March of 1999 as a Learning Specialist. He worked in Nova Scotia until 2002, where he was moved to New Brunswick. At this job, Betts occasionally travelled to Ontario to provide training services. Betts became engaged to his fiancée whom he met while he was in

Ontario.

CANLII CONNECTS

Damages for inducing breach of contract are 'at large,' and accordingly take into account not only the pecuniary, but the non pecuniary damages for such matters as injured feelings, loss of reputation, and the nature of the conduct. The decision also references, in a quote from a recent Ontario case, the leading case of

Drouillard v.

CANLII CONNECTS

Convention 87 of the ILO states that the right to collectively bargain is a fundamental human right and says that the right to collectively bargain is a BROAD right. SCC says that it’s reasonable to infer that s.2 (d) provides at least the same level of protection as that provided in international labour law. Further, concepts of human

CANLII CONNECTS

Holding: The appeal is dismissed. The partial indemnity costs of $12,180.68 sought by the Trustee on this leave motion are too high. A fair and reasonable award of costs to the Trustee is $6,000. Reasoning: (1) No. In this case, the issue raised by the applicants

concerning

CANLII CONNECTS

Don't Quit when on Sick Leave: Frustration of Contract. Typically, an employment relationship ends in one of two ways, either by termination or resignation. There is, however, a third, less intuitive way that employment may end: frustration of contract. This most often happens when the employee is

CANLII CONNECTS

McKee v. Reid's Heritage Homes Ltd., 2009 ONCA 916 (CanLII) FACTS: Mckee incorporates her own business. She signs agreement with Reid's Heritage Homes (Reid). Agreement indicates that Reid is going give McKee 69 homes that she will advertise and sell for a fee of $2500 per home sold. McKee is the only business providing this service to Reid. THE ONLY GOOD NEWS HERE IS FOR LAWYERS The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed” by the Ontario, Employment Standards Act, 2000 (the “ESA”) to be a statutorily protected infectious disease emergency leave of absence (“IDEL”), was nonetheless still a layoff for common law purposes that may trigger constructive dismissal.

CANLII CONNECTS

No requirement to continue benefits for those on STD or LTD. The Ontario Superior Court of Justice recently reviewed an arbitrator’s decision in relation to the withdrawal of an employee’s benefits who was being accommodated due to a disability in City of Toronto v CUPE Local 79 (2019 ONSC 4045).. In this case, the grievor was no longer able to work full-time due to a disability.

CANLII CONNECTS

Personal Liability for Mistakes on the Job. Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII) Everyone makes mistakes and sometimes those mistakes lead to a lawsuit. In employment law, there are two related, parallel concepts that operate when the wrongdoer is an employee who is on the job: personal liability of the employee and

DUTY TO ACCOMMODATE

Chen v. Ingenierie Electro-Optique Exfo Inc. In Chen v.Ingenierie Electro-Optique Exfo Inc., a 2009 decision of the Human Rights Tribunal of Ontario, the Applicant worked as a shipper-receiver for the Respondent employer.The applicant began to experience back pain in

CANLII CONNECTS

Antony Betts (Betts) was employed by IBM Canada Ltd. (IBM) in Nova Scotia in March of 1999 as a Learning Specialist. He worked in Nova Scotia until 2002, where he was moved to New Brunswick. At this job, Betts occasionally travelled to Ontario to provide training services. Betts became engaged to his fiancée whom he met while he was in

Ontario.

CANLII CONNECTS

Damages for inducing breach of contract are 'at large,' and accordingly take into account not only the pecuniary, but the non pecuniary damages for such matters as injured feelings, loss of reputation, and the nature of the conduct. The decision also references, in a quote from a recent Ontario case, the leading case of

Drouillard v.

CANLII CONNECTS

Convention 87 of the ILO states that the right to collectively bargain is a fundamental human right and says that the right to collectively bargain is a BROAD right. SCC says that it’s reasonable to infer that s.2 (d) provides at least the same level of protection as that provided in international labour law. Further, concepts of human

CANLII CONNECTS

Holding: The appeal is dismissed. The partial indemnity costs of $12,180.68 sought by the Trustee on this leave motion are too high. A fair and reasonable award of costs to the Trustee is $6,000. Reasoning: (1) No. In this case, the issue raised by the applicants

concerning

CANLII CONNECTS

Don't Quit when on Sick Leave: Frustration of Contract. Typically, an employment relationship ends in one of two ways, either by termination or resignation. There is, however, a third, less intuitive way that employment may end: frustration of contract. This most often happens when the employee is

CANLII CONNECTS

McKee v. Reid's Heritage Homes Ltd., 2009 ONCA 916 (CanLII) FACTS: Mckee incorporates her own business. She signs agreement with Reid's Heritage Homes (Reid). Agreement indicates that Reid is going give McKee 69 homes that she will advertise and sell for a fee of $2500 per home sold. McKee is the only business providing this service to Reid. SUMMARY OF A.G. V J.G. Family Law - Child Support|Family Law - Spousal Support The petitioner wife sought orders for divorce, child and spousal support, both current and retroactive, and division of family property.

SUMMARY OF R V GORE

Constitutional Law - Charter of Rights, Section 7, Section 11(b), Section 24|Criminal Law - Evidence - Disclosure - Conditions The thirteen accused, members of Unifor, were on the picket lines in support of Unifor’s labour dispute with the employer, Federated Cooperatives Limited. SUMMARY OF R V NEZCROCHE Criminal Law - Assault - Assault Causing Bodily Harm - Sentencing|Criminal Law - Sentencing - Conditional Sentence Order The offender was initially charged with the offence of aggravated assault.

CANLII CONNECTS

The Queen (Can.) v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), 1 SCR 205. Facts: SWP delivered infested wheat to the Canadian Wheat Board, in violation of s86 (c) of the Canadian Grain Act. The statute made no reference to using civil liability for breach of its provisions. The board did not make claim in common law negligence, but

CANLII CONNECTS

Employers impose requirements on job applicants that may potentially violate the Ontario Human Rights Code (the “Code”).In the case of Haseeb v.Imperial Oil Limited, the Ontario Human Rights Tribunal found that the company discriminated against the applicant based on his citizenship, which is one of the grounds of discrimination specified

under the Code.

COURT OF APPEAL SUMMARIES (MAY 31 COUNSEL: G. Beaulieu, for the appellant KR. S. Langlois, for the respondent Valoris for children and adults of Prescott-Russell SUMMARY OF R V KEARSEY Criminal Law - Break and Enter with Intent to Commit Indictable Offence|Criminal Law - Robbery - Armed Robbery The accused was charged with a total of 10 offences arising from a break and entry and armed

robbery of a house.

SUMMARY OF R V BLS ASPHALT INC. Provincial Offences - Occupational Health and Safety The trial judge was called upon to decide whether BLS Asphalt Inc. (BLS), a corporation that operated a crusher gravel pit, was guilty of offences contrary to The Occupational Health and Safety Act (Act) and its regulations by 1) failing to provide any information, instruction, training, and supervision necessary to protect the health and SUMMARY OF R V THOMPSON Criminal Law - Weapons Offences - Sentencing|Criminal Law - Sentencing - Aboriginal Offender - Gladue Report The accused was charged and convicted of seven counts related to weapon offences under the following Criminal Code provisions: 1) possession of a loaded prohibited firearm without authorization, contrary to s. 95(1)(a); 2) carrying a firearm in a careless manner, contrary to s.

CANLII CONNECTS

Association of Justice Counsel v. Canada (Attorney General), 2017 SCC 55 (CanLII), 2 SCR 456

CANLII CONNECTS

The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed” by the Ontario, Employment Standards Act, 2000 (the “ESA”) to be a statutorily protected infectious disease emergency leave of absence (“IDEL”), was nonetheless still a layoff for common law purposes that may trigger constructive dismissal.

CANLII CONNECTS

The Little person fighting for his/her life: Denial of Long-Term Disability Benefits Kardaras v. Sun Life Assurance Company of Canada, 2020 ONSC 3925 (CanLII)

CANLII CONNECTS

No requirement to continue benefits for those on STD or LTD. The Ontario Superior Court of Justice recently reviewed an arbitrator’s decision in relation to the withdrawal of an employee’s benefits who was being accommodated due to a disability in City of Toronto v CUPE Local 79 (2019 ONSC 4045).. In this case, the grievor was no longer able to work full-time due to a disability.

CANLII CONNECTS

In Apotex v.Shire, the Federal Court of Appeal (FCA) dismissed Apotex’ appeal and affirmed the decision of the Trial Judge holding that the patent relating to lisdexamfetamine (LDX) is valid and infringed. In so doing, the FCA provided much needed clarification on the law related to obviousness and anticipation. The underlying court proceeding concerned both an application pursuant to the

CANLII CONNECTS

Personal Liability for Mistakes on the Job. Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII) Everyone makes mistakes and sometimes those mistakes lead to a lawsuit. In employment law, there are two related, parallel concepts that operate when the wrongdoer is an employee who is on the job: personal liability of the employee and

CANLII CONNECTS

Rothmans, Benson & Hedges Inc. v. Saskatchewan, 2005 SCC 13, 1 SCR 188. Both the federal government and Saskatchewan had legislation regulating tobacco advertisements in stores. The government of Saskatchewan's regulations were more stringent than those of

CANLII CONNECTS

Chen v. Ingenierie Electro-Optique Exfo Inc. In Chen v.Ingenierie Electro-Optique Exfo Inc., a 2009 decision of the Human Rights Tribunal of Ontario, the Applicant worked as a shipper-receiver for the Respondent employer.The applicant began to experience back pain in

CANLII CONNECTS

Antony Betts (Betts) was employed by IBM Canada Ltd. (IBM) in Nova Scotia in March of 1999 as a Learning Specialist. He worked in Nova Scotia until 2002, where he was moved to New Brunswick. At this job, Betts occasionally travelled to Ontario to provide training services. Betts became engaged to his fiancée whom he met while he was in

Ontario.

CANLII CONNECTS

Holding: The appeal is dismissed. The partial indemnity costs of $12,180.68 sought by the Trustee on this leave motion are too high. A fair and reasonable award of costs to the Trustee is $6,000. Reasoning: (1) No. In this case, the issue raised by the applicants

concerning

CANLII CONNECTS

Damages for inducing breach of contract are 'at large,' and accordingly take into account not only the pecuniary, but the non pecuniary damages for such matters as injured feelings, loss of reputation, and the nature of the conduct. The decision also references, in a quote from a recent Ontario case, the leading case of

Drouillard v.

CANLII CONNECTS

The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed” by the Ontario, Employment Standards Act, 2000 (the “ESA”) to be a statutorily protected infectious disease emergency leave of absence (“IDEL”), was nonetheless still a layoff for common law purposes that may trigger constructive dismissal.

CANLII CONNECTS

The Little person fighting for his/her life: Denial of Long-Term Disability Benefits Kardaras v. Sun Life Assurance Company of Canada, 2020 ONSC 3925 (CanLII)

CANLII CONNECTS

No requirement to continue benefits for those on STD or LTD. The Ontario Superior Court of Justice recently reviewed an arbitrator’s decision in relation to the withdrawal of an employee’s benefits who was being accommodated due to a disability in City of Toronto v CUPE Local 79 (2019 ONSC 4045).. In this case, the grievor was no longer able to work full-time due to a disability.

CANLII CONNECTS

In Apotex v.Shire, the Federal Court of Appeal (FCA) dismissed Apotex’ appeal and affirmed the decision of the Trial Judge holding that the patent relating to lisdexamfetamine (LDX) is valid and infringed. In so doing, the FCA provided much needed clarification on the law related to obviousness and anticipation. The underlying court proceeding concerned both an application pursuant to the

CANLII CONNECTS

Personal Liability for Mistakes on the Job. Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII) Everyone makes mistakes and sometimes those mistakes lead to a lawsuit. In employment law, there are two related, parallel concepts that operate when the wrongdoer is an employee who is on the job: personal liability of the employee and

CANLII CONNECTS

Rothmans, Benson & Hedges Inc. v. Saskatchewan, 2005 SCC 13, 1 SCR 188. Both the federal government and Saskatchewan had legislation regulating tobacco advertisements in stores. The government of Saskatchewan's regulations were more stringent than those of

CANLII CONNECTS

Chen v. Ingenierie Electro-Optique Exfo Inc. In Chen v.Ingenierie Electro-Optique Exfo Inc., a 2009 decision of the Human Rights Tribunal of Ontario, the Applicant worked as a shipper-receiver for the Respondent employer.The applicant began to experience back pain in

CANLII CONNECTS

Antony Betts (Betts) was employed by IBM Canada Ltd. (IBM) in Nova Scotia in March of 1999 as a Learning Specialist. He worked in Nova Scotia until 2002, where he was moved to New Brunswick. At this job, Betts occasionally travelled to Ontario to provide training services. Betts became engaged to his fiancée whom he met while he was in

Ontario.

CANLII CONNECTS

Holding: The appeal is dismissed. The partial indemnity costs of $12,180.68 sought by the Trustee on this leave motion are too high. A fair and reasonable award of costs to the Trustee is $6,000. Reasoning: (1) No. In this case, the issue raised by the applicants

concerning

CANLII CONNECTS

Damages for inducing breach of contract are 'at large,' and accordingly take into account not only the pecuniary, but the non pecuniary damages for such matters as injured feelings, loss of reputation, and the nature of the conduct. The decision also references, in a quote from a recent Ontario case, the leading case of

Drouillard v.

CANLII CONNECTS

Welcome to CanLII Connects! CanLII Connects was created to make it faster and easier for legal professionals and the public to access high-quality legal commentary on Canadian court decisions.

CANLII CONNECTS

As the legal system clumsily attempts to proceed along remotely during a pandemic, parties have tried their best to continue to move things along.. This approach was never entirely without risk, and a new decision by the Ontario Superior Court of Justice in Kaushal v.Vasudeva et al. highlights some of these risks. The motion was to strike out evidence based on misconduct and abuse of process TERANET LAW STATEMENT: WHAT HAPPENS WHEN A LAWYER MAKES A Teranet Law Statement: what happens when a lawyer makes a false law statement? BMO v. Cadogan, 2020 ONSC 7102 (CanLII)

CANLII CONNECTS

The Little person fighting for his/her life: Denial of Long-Term Disability Benefits Kardaras v. Sun Life Assurance Company of Canada, 2020 ONSC 3925 (CanLII) COURT OF APPEAL SUMMARIES (MAY 31 COUNSEL: G. Beaulieu, for the appellant KR. S. Langlois, for the respondent Valoris for children and adults of Prescott-Russell COURT OF APPEAL SUMMARIES (MAY 31 COUNSEL: K.G. Ferreira and A.A. Moten, for the appellant. R.C. Dunford and S. Wouters, for the respondent. Keywords: Contracts

CANLII CONNECTS

COURT OF APPEAL SUMMARIES (MAY 31 – JUNE 4) Great Northern Insulation Services Ltd. v. King Road Paving and Landscaping Inc., 2021 ONCA 367 (CanLII)

CANLII CONNECTS

Imperial Oil Resources Ltd. v. Canada (Attorney General), 2015 FC 1218

(CanLII)

OVERSIGHT BLUES

While some regulators in Ontario are accountable to appeal tribunals (e.g., Licence Appeal Tribunal) and many Ontario regulators are scrutinized by the Office of the Fairness Commission, few are subject to true oversight bodies. COURT OF APPEAL SUMMARIES (MAY 31 COUNSEL: G. Joseph and S. Kirby, for the appellant. P. Callahan, for the respondent. Keywords: Family Law, Property, Unjust

CANLII CONNECTS

The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed” by the Ontario, Employment Standards Act, 2000 (the “ESA”) to be a statutorily protected infectious disease emergency leave of absence (“IDEL”), was nonetheless still a layoff for common law purposes that may trigger constructive dismissal.

CANLII CONNECTS

No requirement to continue benefits for those on STD or LTD. The Ontario Superior Court of Justice recently reviewed an arbitrator’s decision in relation to the withdrawal of an employee’s benefits who was being accommodated due to a disability in City of Toronto v CUPE Local 79 (2019 ONSC 4045).. In this case, the grievor was no longer able to work full-time due to a disability.

CANLII CONNECTS

Everyone makes mistakes and sometimes those mistakes lead to a lawsuit. In employment law, there are two related, parallel concepts that operate when the wrongdoer is an employee who is on the job: personal liability of the employee and vicarious liability of the

employer.

CANLII CONNECTS

In Apotex v.Shire, the Federal Court of Appeal (FCA) dismissed Apotex’ appeal and affirmed the decision of the Trial Judge holding that the patent relating to lisdexamfetamine (LDX) is valid and infringed. In so doing, the FCA provided much needed clarification on the law related to obviousness and anticipation. The underlying court proceeding concerned both an application pursuant to the

CANLII CONNECTS

Chen v. Ingenierie Electro-Optique Exfo Inc. In Chen v.Ingenierie Electro-Optique Exfo Inc., a 2009 decision of the Human Rights Tribunal of Ontario, the Applicant worked as a shipper-receiver for the Respondent employer.The applicant began to experience back pain in

CANLII CONNECTS

Counsel: A. J. McNish, for the moving parties. C. Horkins, for the responding party. Keywords: Endorsement, Bankruptcy and Insolvency Law

CANLII CONNECTS

Facts: The accused, a University of Toronto student was charged with assault causing bodily harm when they violently assaulted a female student with a rock after she told him that he was just a friend.Accused argued that he was in a state of automatism when he committed the assault. The Crown argued that if the accused was in such a state, it should be classified as a mental disorder.

CANLII CONNECTS

Facts:Accused suffered from a paranoid delusion and believed that the woman he repeatedly shot was part of a conspiracy that was coming into his house to kill him.Trial Judge held that the accused was not entitled to the mental disorder defence because he had the capacity to know that society in general would regard his acts as wrong even though ‘subjectively the accused did not

CANLII CONNECTS

Abandonment of Employment Set out by Ontario Court. To establish that an individual has abandoned his or her job, clear evidence is

required.

CANLII CONNECTS

Police officers had seen Caslake in a field where a garbage bag containing marihuana had previously been found. After he was taken to

the police station,

CANLII CONNECTS

The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed” by the Ontario, Employment Standards Act, 2000 (the “ESA”) to be a statutorily protected infectious disease emergency leave of absence (“IDEL”), was nonetheless still a layoff for common law purposes that may trigger constructive dismissal.

CANLII CONNECTS

No requirement to continue benefits for those on STD or LTD. The Ontario Superior Court of Justice recently reviewed an arbitrator’s decision in relation to the withdrawal of an employee’s benefits who was being accommodated due to a disability in City of Toronto v CUPE Local 79 (2019 ONSC 4045).. In this case, the grievor was no longer able to work full-time due to a disability.

CANLII CONNECTS

Everyone makes mistakes and sometimes those mistakes lead to a lawsuit. In employment law, there are two related, parallel concepts that operate when the wrongdoer is an employee who is on the job: personal liability of the employee and vicarious liability of the

employer.

CANLII CONNECTS

In Apotex v.Shire, the Federal Court of Appeal (FCA) dismissed Apotex’ appeal and affirmed the decision of the Trial Judge holding that the patent relating to lisdexamfetamine (LDX) is valid and infringed. In so doing, the FCA provided much needed clarification on the law related to obviousness and anticipation. The underlying court proceeding concerned both an application pursuant to the

CANLII CONNECTS

Chen v. Ingenierie Electro-Optique Exfo Inc. In Chen v.Ingenierie Electro-Optique Exfo Inc., a 2009 decision of the Human Rights Tribunal of Ontario, the Applicant worked as a shipper-receiver for the Respondent employer.The applicant began to experience back pain in

CANLII CONNECTS

Counsel: A. J. McNish, for the moving parties. C. Horkins, for the responding party. Keywords: Endorsement, Bankruptcy and Insolvency Law

CANLII CONNECTS

Facts: The accused, a University of Toronto student was charged with assault causing bodily harm when they violently assaulted a female student with a rock after she told him that he was just a friend.Accused argued that he was in a state of automatism when he committed the assault. The Crown argued that if the accused was in such a state, it should be classified as a mental disorder.

CANLII CONNECTS

Facts:Accused suffered from a paranoid delusion and believed that the woman he repeatedly shot was part of a conspiracy that was coming into his house to kill him.Trial Judge held that the accused was not entitled to the mental disorder defence because he had the capacity to know that society in general would regard his acts as wrong even though ‘subjectively the accused did not

CANLII CONNECTS

Abandonment of Employment Set out by Ontario Court. To establish that an individual has abandoned his or her job, clear evidence is

required.

CANLII CONNECTS

Police officers had seen Caslake in a field where a garbage bag containing marihuana had previously been found. After he was taken to

the police station,

COURT OF APPEAL SUMMARIES (MAY 31 COUNSEL: C. Carter, for the appellants. C. Sefton, for the respondent, Enbridge Inc. Keywords: Torts, Negligence, Duty of Care COURT OF APPEAL SUMMARIES (MAY 31 COUNSEL: K.G. Ferreira and A.A. Moten, for the appellant. R.C. Dunford and S. Wouters, for the respondent. Keywords: Contracts COURT OF APPEAL SUMMARIES (MAY 31 COUNSEL: G. Beaulieu, for the appellant KR. S. Langlois, for the respondent Valoris for children and adults of Prescott-Russell

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Under the B.C. Trustee Act, an executor is entitled to remuneration for administration of an estate, unless the Will states otherwise.However, executors should not expect to receive a fee regardless of their conduct. Executor misconduct, for example breach of fiduciary duty, may disentitle the executor to any fees, despite their efforts and time spent to administer the estate.

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COURT OF APPEAL SUMMARIES (MAY 31 – JUNE 4) Great Northern Insulation Services Ltd. v. King Road Paving and Landscaping Inc., 2021 ONCA 367 (CanLII)

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In a heart-wrenchingly difficult case from the B.C. Court of Appeal, the key issue was whether the sperm of a recently-deceased husband could be removed from his body posthumously, and used by his wife to create embryos, even though the husband

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Facts: The accused, a University of Toronto student was charged with assault causing bodily harm when they violently assaulted a female student with a rock after she told him that he was just a friend.Accused argued that he was in a state of automatism when he committed the assault. The Crown argued that if the accused was in such a state, it should be classified as a mental disorder.

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COUNSEL:. C.G. Paliare and T.H. Lie, for the appellants Jeffrey Kerbel, 2001251 Ontario Inc., and First Elgin Developments Inc.

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In the Ontario Superior Court of Justice decision of Wong v.Pretium Resources, 2021 ONSC 54, Justice Belobaba dismissed the plaintiff’s claim, finding that there had been no misrepresentation under the secondary market liability provisions of Part XXIII.I of the Ontario Securities Act.The merits decision is the first of its kind and serves as a reminder that even after succeeding on a motion

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Conseillers en ressources humaines et en relations industrielles agréés (Ordre professionnel des) c. Milot, 2017 CanLII 35570 (QC

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Good Faith in Contract: What does 'Honesty' mean? Bhasin v. Hrynew, 2014 SCC 71 (CanLII) 0 concurs 0 comments by Edward Conway (www.edwardconway.ca)

Aug 15, 2019

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An Indigenous Feminist Legal Approach to the Federal Carbon Ta... Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544

(CanLII)

0 concurs 0 comments

by Naomi Sayers

Aug 15, 2019

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What Does “Substantially Started” Mean? Are Practical Impedime... Glacier Resorts Ltd. v. British Columbia (Minister of Environment), 2019 BCCA 289 (CanLII)

1 concur

by Marie-France Major

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Supreme Advocacy LLP

Aug 13, 2019

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New LSAT Format will Better Accommodate Disabilities Yashcheshen v University of Saskatchewan, 2019 SKCA 67 (CanLII) 3 concurs 0 comments

by Omar Ha-Redeye

Aug 7, 2019

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Quebec court authorizes $50 million class action against major... Walter c. Quebec Major Junior Hockey League Inc., 2019 QCCS 2334

(CanLII)

0 concurs

by Lancaster House

Aug 14, 2019

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R. c. Sauvé-Laliberté, 2019 QCCA 1356 - Résumé R. c. Sauvé-Laliberté, 2019 QCCA 1356 (CanLII)

0 concurs

by Léo Fugazza

Aug 14, 2019

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Father Doesn’t Always Know Best… Issa c. Issa, 2019 QCCS 2510 (CanLII) 0 concurs 0 comments

by Janet Michelin

Aug 14, 2019

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Existence of disputed facts derails summary judgment Hoddle v. Gelata, 2019 ONSC 4047 (CanLII)

1 concur

by Natalie Kolos and Edona C. Vila — Borden Ladner Gervais LLP.

Aug 9, 2019

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Good Faith in contract: What is really wrong with the supreme ... Bhasin v. Hrynew, 2014 SCC 71 (CanLII) 0 concurs 0 comments by Edward Conway (www.edwardconway.ca)

Aug 14, 2019

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Receiverships, Rescissions and Trump Hotel? Jung v. Talon International Inc., 2019 ONCA 644 (CanLII)

1 concur

by Daniel Ebady

Aug 9, 2019

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