Top Five Cases of Importance to Ontario Employment Law - 2019 Edition

2019. What a year. In thinking about this post, I was hopeful that the title of this annual post was Top Five Decisions of Importance to Ontario Employment Law. Had the word been “decisions” and not “cases”, I might have mused about the various decisions some of us have made over the past year and how those decisions have impacted the Ontario employment law landscape. Oh well.

The point of this blog post, however, is to consider what I consider to be the “Top Five Cases of Importance to Ontario Employment Law”. I have produced such a list since 2012:

• 2012
• 2013
• 2014
• 2015
• 2016
• 2017
• 2018

As it is clearly evident that no one is getting any younger, here is this year’s list.

Time Spent as Independent Contractor Relevant Factor in Calculating Reasonable Notice

Is the amount of time spent as an “independent contractor” an appropriate fact for the court to consider when calculating the reasonable notice period if the worker later becomes either a true employee or dependant contractor?

In Cormier v. 1772887 Ontario Limited c.o.b. as St. Joseph Communications, 2019 ONSC 587 (CanLII), affirmed by the Court of Appeal for Ontario in Cormier v. 1772887 Ontario Limited (St. Joseph Communications), 2019 ONCA 965 (CanLII), Justice Paul Perell held that, it would be wrong in principle to ignore those years of the relationship in determining the reasonable notice period.

The case is an important read for those who may elect to start their relationship one way, but then change it over time.

Employees Cannot Sue for Constructive Dismissal Caused by Chronic Mental Stress: WSIAT

Can an employee in Ontario sue for constructive dismissal, if the reason the employee was forced to leave employment was because of chronic mental stress, caused by workplace bullying or harassment?

According to a 2019 “right to sue” decision from the Ontario Workplace Safety And Insurance Appeals Tribunal, Morningstar v. Hospitality Fallsview Holdings Inc. (Decision No. 1227/19), 2019 ONWSIAT 2324 (CanLII), the answer is “no.”

Hearing Racial Slur in Song Lyrics Not Prohibited Discrimination: BCHRT

Is hearing music that contains a racial slur, playing in a retail establishment, sufficient to establish discrimination under section 8 of the British Columbia Human Rights Code.

In a 2018 decision of the BC Human Rights Tribunal, Redmond v. Hollywood Boutique, 2018 BCHRT 121, the answer was “no”.

Non-Consensual Sharing of Intimate Images Grounds for Summary Dismissal

Can sharing intimate photos of one your coworkers with your friends result in the summary termination of your employment for cause?

In an unreported decision from the Ontario Ministry of Labour, the answer was a resounding “yes.”