Showing posts with label Justice Russell G. Juriansz. Show all posts
Showing posts with label Justice Russell G. Juriansz. Show all posts

Saturday 17 September 2022

Employees Cannot Waive Right to Compensation for Workplace Injury

Can a worker waive his right to compensation for a workplace injury?

In Fleming v. Massey, 2016 ONCA 70, the Court of Appeal for Ontario held that based on the wording of the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sch. A, the purpose for which workers compensation laws were created, and public policy considerations, workers cannot waive or release their employers from liability for damages caused by a workplace accident.

Thursday 23 May 2019

Tort of Harassment Not Available in Ontario Employment Context

Does the tort of “harassment” exist at Ontario law? And, if not, is it time for Ontario’s court to recognize the existence of such tort? The answer to both of those questions, as provided by the Court of Appeal for Ontario in Merrifield v. Canada (Attorney General), 2019 ONCA 205, is “no.”

Saturday 10 September 2016

Emotional Upset Not Enough for Award of General Damages: ONCA

If being accused of breaking the law “takes a serious toll” on you, causing you “emotional upset”, can you successfully sue the person that caused that harm?

It is trite to observe that being accused of something that you did not do is likely to cause feelings of serious upset. In employment law, this scenario arises most frequently when an employer alleges “just cause” for the termination of an employee’s employment. But what do the courts have to say about this issue? Can someone sue for emotional upset?

In the case of 495793 Ontario Ltd. (Central Auto Parts) v. Barclay, 2016 ONCA 656, the Court of Appeal for Ontario confirmed that a plaintiff’s testimony of emotional upset, being unsupported by medical evidence, was insufficient to ground the substantial award of non-pecuniary damages made by the trial judge, the Honourable Regional Senior Justice Helen M. Pierce. (See reasons for decision reported at 2014 ONSC 3517.)