On November 22, 2017, the Ontario Government passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22. The Bill received Royal Assent on November 27, 2017. The Bill amends several statutes: Colleges Collective Bargaining Act Crown Employees Collective Bargaining Act, 1993 Employment Protection for Foreign Nationals Act…
News & Resources
Federal Court of Appeal Upholds CIRB’s Decision Holding Union in Breach of its Duty of Fair Representation
December 2017
Brent Craswell successfully represented an employee before the Federal Court of Appeal in an application for judicial review of a decision of the Canada Industrial Relations Board. The CIRB held that the employee’s union, the Canadian Union of Postal Workers, acted in an arbitrary fashion when it refused to proceed…
Brave New World: ONCA Says that in Asset Transaction, an Offer of Employment is Sufficient Consideration for Material Changes
In an asset-sale transaction, if the purchaser offers to employ an employee of the vendor, can the purchaser vary some (or all) of the fundamental terms of the employee’s employment contract and rely on the offer itself as sufficient legal consideration for such changes? In the case of Krishnamoorthy v….
Online Webinar – Ensuring a Cost Effective Insurance Defence
An introduction to the claims dispute process in Ontario and how to work effectively with external counsel. Information overload can be pretty overwhelming for anyone new to the insurance industry. Having a solid understanding of the legal process a disputed claim will follow will help claims handlers and adjusters get…
Court of Appeal Gives Thumbs Down to Dog Bite Plaintiff
Wilk v Arbour, 2017 ONCA 21. This is an appeal from an order of Faieta J. dismissing the Plaintiff’s motion for summary judgement under the Dog Owner’s Liability Act and granting the Plaintiff’s cross-motion, finding that she was entitled to damages. The appeal was allowed. The Plaintiff was injured when,…
Unnamed Insured May be Able to Recover Damages For Denial for Benefits of Another Insured
Watkins v Western Assurance Company, 2016 ONSC 2574 The Plaintiff’s mother was injured in a motor vehicle accident in 2003 when he was 15 years old. The Plaintiff was not in the car at the time of the accident. In 2011 he brought a claim for damages arising out of…
Cost Savings in Summary Judgment Motions
Caithesan v. Amjad, 2016 ONSC 5720 In this case the Plaintiffs brought motions for summary judgment against the Defendant, Saad Amjad (Amjad) who was 16 years old at the time of the incident. He had taken his mother’s car without consent and then lost control of the car injuring two…
Not all Medical Examination Consent Forms are Created Equal
Intact Insurance Company v Beaudry, 2016 ONSC 6127 This was an application brought by the Insurer, Intact Insurance Company (Intact), to determine the proper interpretation of section 44 of the Statutory Accident Benefits Schedule (SABS). Section 44 of the SABS provides for an insurer’s right to obtain an examination of…