Canada Case Law

Kordolemis v. Sobeys Capital Incorporated

Court

Nova Scotia Small Claims Court

Adjudicator found on the balance of probabilities the claimant used the epithets N and F at work; the Respectful Workplace Policy was an implied term of his employment; the language breached essential conditions of the employment contract, breached the faith inherent to the work relationship and constituted wilful misconduct under s.72 of the Labour Standards Code and just cause at common law; therefore summary dismissal without notice or pay was justified and the claim was dismissed.

Source excerpt

• Just cause dismissal
• Wilful misconduct (labour standards)
• Progressive discipline
• Implied contractual terms
• Workplace respectful conduct
• Racial and homophobic slurs

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Ntibarimungu v. DoorDash Technology Canada Inc.

Court

Supreme Court of British Columbia

The court stayed a civil claim against DoorDash, finding the plaintiff had assented to the ICA by electronic clicks and that the arbitration clause covered the dispute.

• Stay of proceedings
• Arbitration clause enforceability
• Electronic contract formation
• Unconscionability
• Opt‑out provisions
• Statutory exceptions under s.7(2)

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Plank v. Hapnin Enterprises Ltd.

Court

Supreme Court of British Columbia

The court found the employer lacked just cause to dismiss Nancy‑Ann Plank and awarded wrongful dismissal damages based on 18 months’ notice, with no aggravated or punitive damages.

• Just cause for termination
• Record of employment (roe) issues
• Misconduct and dishonesty
• Payroll and hours recording
• Mitigation and notice period
• Aggravated damages

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MC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The $8,731.73 pay in lieu of notice and $3,686.73 vacation pay are earnings to be allocated starting the week of separation (week of October 23, 2022); the $31,268.27 settlement payment is earnings representing unpaid overtime and must be allocated to the period the overtime was performed (April 2, 2018 to October 25, 2022); the $10,000 paid as legal fees is not earnings.

Source excerpt

• Earnings allocation
• Vacation pay
• Pay in lieu of notice
• Settlement characterization
• Retiring allowance
• Legal fees

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Grain Workers' Union (ILWU, Local 333) v. Viterra Inc.

Court

Federal Court

The Federal Court found Viterra Inc. guilty of contempt for failing to comply with an arbitral cease-and-desist order on overtime violations under the Canada Labour Code.

• Canada labour code overtime
• Arbitration award enforcement
• Contempt proceedings
• Hours of work calculation
• Contempt-of-court
• Labour-law

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Beach Place Ventures Ltd. v. British Columbia

Beach Place Ventures Ltd. v. British Columbia (Employment Standards Tribunal)

Court

Supreme Court of British Columbia

The court dismissed a judicial review of Employment Standards Tribunal decisions finding taxi drivers were employees under the ESA and refusing to follow a Tax Court ruling.

• Employment status
• Issue estoppel
• Standard of review
• Judicial review
• Remedial interpretation
• Judicial-review

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Déménagements Tremblay Express Ltée v. Gauthier

Court

Federal Court

The Federal Court dismissed judicial review and upheld a payment order for unpaid wages and vacation pay, finding truck travel time was work under the Canada Labour Code.

• Wages
• Travel time
• Payment order
• Judicial review
• Standard of review
• Judicial-review

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C. B. v. Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The General Division did not commit a reviewable error: it properly focused on the employee's conduct in finding misconduct under the EI Act and correctly left issues of employer accommodation, the ESA and the OHRC to other forums; the appellant failed to identify an error of law or a perverse or capricious finding of fact under subsection 58(1) DESD Act, therefore the Appeal Division must dismiss the appeal.

Source excerpt

• Misconduct under ei act
• Wrongful dismissal
• Reasonable accommodation
• Jurisdiction of tribunals
• Standard of review
• Leave to appeal

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Roberts v. Zoomermedia Limited

Court

Court of Appeal for Ontario

The appeal is dismissed because the evidence did not establish a waiver of the sabbatical, the employer breached its obligation by refusing to facilitate or fund the sabbatical, and section 9.2 of the Employment Agreement was not triggered because there was no early termination prior to the end of the term; accordingly the contractual severance and sabbatical entitlements remain enforceable.

Source excerpt

• Severance
• Sabbatical entitlement
• Waiver
• Validity of termination clause
• Statutory contravention (s.61 esa)

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Robbins v. Northern Industrial Carriers (Macdougal Transport Inc)

Court

Federal Court

The Federal Court dismissed a judicial review of a Canada Labour Code wage recovery appeal, finding the referee’s decision reasonable and refusing costs.

• Overtime pay
• Wage recovery
• Costs
• Standard of review
• Employer identification
• Termination pay

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