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Searching Content indexed under Litigation, Mediation & Arbitration by MacDonald & Associates ordered by Published Date Descending.
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1
Law Firm Slapped With $50,000 In Moral Damages For Abhorrent Treatment Of Articling Student
In Acumen Law Corporation v Ojanen, 2019 BCSC 1352, Ms. Melissa Ojanen ("Ms. Ojanen") was hired as an articling student at Acumen Law Corp ("Acumen")
Canada
4 Sep 2019
2
Dependent Contractor Status Requires "Substantially More Than 50%" of Income Coming From One Client
A recent decision of the Ontario Court of Appeal provided some guidance on how economically dependent a contractor must be before they are afforded the same statutory
Canada
22 Aug 2019
3
The Not-So-Dearly Departed: Funeral Home Ordered To Pay Almost $1.3 Million To Employee On Fixed Term Contract
In the decision of McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108, the Superior Court awarded almost $1.3 million in favour of Mr. Grant McGuinty
Canada
30 Jul 2019
4
SCC Denies Westjet Leave To Appeal – Sexual Harassment Class Action To Proceed In Civil Court
On July 18, 2019, the Supreme Court of Canada denied WestJet's application for leave to appeal the British Columbia Court of Appeal's ("BCCA") decision not to strike a notice of civil claim.
Canada
26 Jul 2019
5
When Does The Clock Start To Run In A Wrongful Termination Case?
On June 28, 2019, the Divisional Court denied leave to appeal the decision of Justice Perrell in Iluyomade v. Toronto Community Housing Corp., 2018 ONSC 7727 (CanLII)("Iluyomade").
Canada
22 Jul 2019
6
Back To Life, Back To Reality: Court Of Appeal Claws Back Landmark Notice Award

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Canada
8 Jul 2019
7
Have The Courts Gone Too Far? The Ontario Court Of Appeal Solidifies The High Threshold For The Tort Of Intentional Infliction Of Mental Suffering
As my colleague reported earlier last week, the Ontario Court of Appeal recently shut down the tort of harassment in Merrifield v Canada, ("Merrifield").
Canada
12 Apr 2019
8
Appellate Court Aborts The Tort: No New Tort Of Harassment
In a recent ruling, Merrifield v Canada (Attorney General), 2019 ONCA 205, the Court of Appeal reversed a lengthy trial court decision that boldly created a free-standing tort of harassment.
Canada
1 Apr 2019
9
Don't Judge A Book By Its Cover: The Emergence Of The Dependent Contractor (Part 2)
Historically, the law in Canada has used the word "employee" as an entry to coverage, employing the difference between an employee and an independent contractor.
Canada
27 Mar 2019
10
Breaking-Up Is Complicated! Constructive Dismissal And The Duty To Mitigate
He began his career at Strone as a carpenter, and was subsequently promoted to the position of Health & Safety Training Specialist.
Canada
7 Feb 2019
11
Liability For The Tort Of Intentional Infliction Of Mental Suffering
The tort of intentional infliction of mental suffering ("IIMS") is not awarded often, and requires the Plaintiff to meet a very high threshold.
Canada
29 Jan 2019
12
Uber's Employment Contract Is Illegal And Unconscionable – The Ontario Court Of Appeal
In Heller v. Uber Technologies Inc., 2019 ONCA 1, the Ontario Court of Appeal found that the arbitration clause in Uber's driver services agreement and UberEATS services agreement ...
Canada
11 Jan 2019
13
Cross-Examination By Video Conferencing: Still The Exception To The Rule
Under what circumstances can a witness be compelled to attend cross-examination outside of the jurisdiction in which he/she lives versus, say, by video conferencing?
Canada
6 Dec 2018
14
Happy Holi-Daze – An Update On Social Host Liability
As we head into the holiday season, many employers will be hosting holiday parties for their employees.
Canada
3 Dec 2018
15
Mitigation Income May Not Affect The Outcome
When an employee claims damages for wrongful dismissal, they are typically required to do their very best in mitigating any damages relating to loss of income following the dismissal ...
Canada
29 Nov 2018
16
When Employers Can Require An Independent Medical Examination As Part Of The Duty To Accommodate
In Bottiglia v Ottawa Catholic School Board, 2017 ONSC 2517 (CanLII), Marcello Bottiglia was Superintendent of Schools at the Ottawa Catholic School Board (OCSB). He had worked at the OCSB (and its predecessor) since 1975.
Canada
24 Oct 2018
17
Court Of Appeal Upholds $200,000 Assessment Of Damages In Sexual Assault Case
In Zando v. Ali, 2018 ONCA 680 (CanLII) the Court of Appeal upheld a damage award of $200,000 (Generals $175,000 and punitive damages of $25,000).
Canada
12 Sep 2018
18
Google Ordered To Remove Offensive Search Results
Recently, I successfully secured an injunction against Google for the de-indexing of search results that came up when our client's name was searched online.
Canada
22 Aug 2018
19
Should The Human Rights Tribunals Operate More Like The Courts?
More and more, victims of sexual harassment and sexual assault are seeking justice through Ontario's Human Rights Tribunal system.
Canada
5 Jul 2018
20
Gail Galea As THE Face Of Moral And Punitive Damages
Gail Galea ("Gail") began her career at Wal-Mart in 2002. Hailed as a "rising star", and one of the mega-corporation's MVP's, it wasn't long before she was known for her vigour, and her appetite for success.
Canada
11 May 2018
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