How to Efficiently Get Your Wrongful Dismissal Case Through the Ontario Superior Court of Justice

On July 6, 2022, the applicant commenced employment with her employer pursuant to the terms of a one-year fixed-term contract agreement. Sometime before the end of that one-year term, the employer terminated the contract.

On March 27, 2023, the employee caused the Ontario Superior Court of Justice sitting at Hamilton to issue an Application against the employer for damages equal to the balance of the contract.

The employee’s application was heard less than three months later and on June 21, before the contract was even set to expire, she had her decision.

For those critical of the pace at which some litigation can move, the claim stands as proof that with proper advocacy things can get done.

Court of Appeal Clarifies Test for Condonation of Layoff

If an employee does not immediately object to being laid off, or “furloughed,” does that mean that the employee has agreed to or condoned such action?

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255 (CanLII), the Court of Appeal for Ontario held that an employer cannot infer consent to a layoff from mere silence.

Report of Workplace Harassment Investigator Shielded by Qualified Privilege

Is the report of an investigator hired to investigate allegations of workplace harassment shielded by the doctrine of qualified privilege?

In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86 (CanLII), the Court of Appeal for Ontario confirmed that it is.

Ontario Labour Relations Board Orders Employer to Turn Over Workplace Investigator’s Entire Report to Ministry Inspector

Does an “inspector” appointed by the Ontario Ministry of Labour pursuant to the provisions of Ontario’s Occupational Health and Safety Act have the right to receive and review the entire, unredacted copy of an independent workplace harassment investigator’s report?

In Wal-Mart Canada Logistics ULC v Gail Stewart, 2020 CanLII 2070 (ON LRB), the Ontario Labour Relations Board held that she does.

Labour Board Refuses to Appoint Alternate Workplace Harassment Investigator

Can a worker complaining of workplace harassment who pre-emptively refuses to participate in the resulting investigation because she believes the investigator is unsuitable, ask the Ontario Labour Relations Board to appoint an investigator of the Board’s choosing instead?

In Erin MacKenzie v Orkestra SCS Inc., 2023 CanLII 13891 (ON LRB), the OLRB refused to appoint its own investigator.