Can the court rely on wage surveys to impute income to someone who has refused to provide evidence of his actual earnings?
In Lewis v. Willis, 2022 ONCJ 421 (CanLII), a family law decision of Justice Stanley B. Sherr of the Ontario Court of Justice held that it could.
The case may have implications in employment law cases, where dismissed employees fail or refuse to provide evidence of their mitigation income.
What is the effect of the termination of a secondment agreement if an employee expressly remains an employee of his original employer?
In Nader v. University Health Network, 2022 ONSC 447 (CanLII), the dismissed employee attempted to argue that the effect of the termination of both his secondment agreement and his employment was that he was entitled to wrongful dismissal damages from both the entity to which he had been seconded and his original employer.
Justice William Black of the Ontario Superior Court of Justice disagreed.
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.
Are public school teachers protected from unreasonable search and seizure by section 8 of the Canadian Charter of Rights and Freedoms if the search and seizure is performed in the workplace by their employers?
As stated by the Court of Appeal for Ontario in the case of Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476, “There is no doubt that they are.”
The law concerning the rights and responsibilities of Ontario’s employers to dismiss an employee “for cause” , and the rights of employee to nonetheless receive statutory termination pay and severance pay in event of a termination “for cause” finally received such much-needed clarity in the Court of Appeal of Ontario’s decision in Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310 (CanLII).
While both the facts of the case and the depth of the Court of Appeal’s analysis on the critical point have caused some commenters to challenge the correctness of the court’s ultimate decision, I could not be more ecstatic about the methodology of the court’s approach.
