Wednesday, 23 January 2013

Limitation Period Applicable to a Claim for Indemnification

What is the limitation period applicable to a claim for indemnification, where the right to indemnification is contained within an employment contract? According to a recent decision from the Honourable Justice Heidi Polowin, Canaccord Capital Corporation v. Roscoe, 2012 ONSC 5714 (CanLII), two years from the date upon which the employer is found liable to a third-party plaintiff.

[EDIT: The Superior Court decision was overturned by the Court of Appeal for Ontario on June 7, 2013. For a summary of that decision see: Employers Must Sue for Indemnification Within Two Years: ONCA.]

The case raises the issue of the rights of third parties and the ability to add third parties after the expiry of limitation dates, especially those set out in section 18 of the 2002 Limitations Act.

Saturday, 12 January 2013

Being Reprimanded for Having a Disability Stinks

Can you be fired for farting? The question may sound childish and silly, but the answer can be serious.

A Strike By Any Other Name

Is a “day of political protest” an illegal “strike”? As Shakespeare so famously wrote in Romeo and Juliet, “A rose by any other name would smell as sweet,” meaning the name of the thing does not matter, what matters is what things are.

In a decision released in the early morning hours of January 11, 2013, The Minister of Education v. ETFO and Sam Hammond, 2947-12-U, the Ontario Labour Relations Board held that it was.

Saturday, 5 January 2013

Tuesday, 1 January 2013

School District Learns Lesson in Accommodation

The duty to accommodate can be one of the most frustrating and confusing issues for employers. The Supreme Court of Canada’s recent decision, Moore v. British Columbia (Education), 2012 SCC 61 (CanLII) offers some guidance on scope of the duty to accommodate, particularly where that accommodation comes at a significant cost.

Too Attractive for Employment

Can you legally fire an employee for being ‘too attractive?’ If you’re an employer in Iowa it would appear that the answer is yes.

Following on the heels of Debrahlee Lorenzana and Lauren Odes, Melissa Nelson becomes the latest victim of being “too attractive” for employment.