Canada Case Law

Nanaimo (City) v. Mema

Court

British Columbia Court of Appeal

The Tribunal's finding that race and colour were factors in the City's decisions to suspend and terminate Mema was reasonable and supported by the evidentiary record; the chambers judge correctly dismissed the petition for judicial review and this Court will dismiss the appeal, deferring to the Tribunal's factual inferences and concluding any minor factual error was not material to the result.

Source excerpt

• Racial discrimination
• Judicial review
• Standard of review
• Causation in discrimination claims
• Reliance on third‑party complaints

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Cressey Construction Corporation v. Parolin

Court

British Columbia Court of Appeal

The appellant's unilateral revocation of an established express oral term permitting the respondent to work from home, without reasonable notice, was a breach of contract that constituted constructive dismissal; the trial judge did not err in finding the respondent's decision to pursue business ventures was a reasonable form of mitigation and in awarding 19 months' pay in lieu of notice, and the appeal is dismissed.

Source excerpt

• Constructive dismissal
• Mitigation of damages
• Notice period
• Oral terms of employment
• Work-from-home arrangements
• Punitive damages

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Matta v. Canada (Attorney General)

Court

Federal Court

The Federal Court allowed judicial review of a CERB ineligibility decision, finding the CRA agent failed to engage with gross-versus-net income and summer employment arguments.

• Eligibility for benefits
• Statutory interpretation
• Reasonableness review
• Remittal
• Income calculation (gross vs net)
• Judicial-review

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Bousquet c. Canada (Procureur Général)

Court

Federal Court of Appeal

The lump-sum payment comprising $58,436 for lost wages and $10,708 interest constitutes a retirement allowance and interest includable in income in 2017 under the Income Tax Act; consequently, for Old Age Security/GIS purposes the income for 2017 includes these amounts and the Tax Court/Cour canadienne de l'impôt did not err; the Federal Court of Appeal lacked jurisdiction to decide or harmonize tax or employment insurance consequences because the appellant only appealed under the Old Age Security Act; the appeal is dismissed.

Source excerpt

• Old age security (oas)
• Guaranteed income supplement (gis)
• Income characterization
• Retirement allowance
• Statutory interpretation
• Jurisdiction

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Ahmed v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed a judicial review of a CRA staffing recourse decision, finding the Individual Feedback process fair and the ineligibility ruling reasonable.

• Individual feedback (if)
• Staffing recourse
• Procedures for recourse on staffing
• Reasonableness standard
• Procedural fairness
• Bias/reasonable apprehension of bias

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Boyce Estate v. 2113626 Ontario Inc., (Hampton Inn and Suites)

Court

Court of Appeal for Ontario

The Court of Appeal dismissed 2113626 Ontario Inc.’s appeal, upholding summary judgment on common employer liability and rejecting res judicata and abuse of process arguments.

• Wrongful dismissal
• Common employer doctrine
• Res judicata
• Abuse of process
• Costs
• Wrongful-dismissal

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Friel v. HUB International Limited

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal over forum and arbitration clauses, holding the dispute over HPI share options belonged in Delaware and the forum clause was enforceable.

• Forum selection clause
• Arbitrability
• Competence-competence
• Unconscionability
• Contract interpretation
• Choice of forum

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Olsheski v. Canada (Attorney General)

Court

Federal Court

The Federal Court struck a judicial review application as premature, holding the workspace-allocation dispute was grievable under the FPSLRA and that no exceptional circumstances justified bypassing the grievance process.

• Judicial review
• Exhaustion of remedies
• Grievance procedure
• Procedural fairness
• Motions to strike
• Judicial-review

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Debono v. JCD Property Ltd.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal from an order striking the appellants’ defence for repeated non-compliance with production orders in estate litigation.

• Discovery and production
• Sanctions for non-compliance
• Striking pleadings
• Contempt
• Fiduciary duty and accounting
• Capacity

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Clark v. Prince George (City)

Court

British Columbia Court of Appeal

The chambers judge correctly implied a contractual term permitting the employer to implement workplace health and safety policies; once that implied term exists the employer's implementation of a specific policy (here the MVP) is governed by whether the policy and any resulting administrative suspension are reasonable and justified, and the judge did not err in finding the MVP and the unpaid leave were reasonable and justified; appeal dismissed.

Source excerpt

• Constructive dismissal
• Implied contractual terms
• Mandatory vaccination policy
• Administrative suspension
• Reasonableness and justification

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