In Karkhanechi v. Connor, Clark & Lunn Financial Group Ltd., 2022 ONCA 518, the Ontario Court of Appeal reviewed the concept of rolling limitation periods and held that rolling limitation periods do not apply to periodic payments when an employee is aware of a potential breach from the beginning and there is no “fresh cause […]
Author: Susan Rai
Largest Punitive Damages Award – Baker v. Blue Cross Life Insurance Company of Canada
By now everyone has heard about the Toronto jury decision awarding the largest known punitive damages on record to an individual plaintiff in Canada after a five-week trial in the Ontario Superior Court of Justice. The award of $1.5 million in punitive damages was made against the Blue Cross Life Insurance Company of Canada (“Blue […]
Peres v Moneta Porcupine Mines Inc.
The Importance of Signed Minutes of Settlement We have all been in lengthy mediations that carry on well past 5pm. At the end of the day when a settlement number is agreed on, the parties may decide to finalize the settlement after the mediation, the next day, or even later. This may not be wise, […]
How diverse is your list of Mediators?
The OBA’s Working Group on Neutral Diversity recently released a report examining diversity in alternative dispute resolution settings and proposing recommendations about how it can be improved in Ontario. The report revealed that arbitrators and mediators hired in Ontario do not reflect the gender or racial diversity of the demographics of the province or the legal […]
Why choose Results Mediators?
WE ARE EXPERIENCED We are lawyers first and together have almost 40 years of litigation and mediation experience representing both Plaintiffs and Defendants. We understand insurance, specifically Disability (STD/LTD); Life and Health; AB; and Employment matters. WE ARE EMPATHETIC We care and understand that there is a lot on the line for each of the parties to […]
Tips for a Successful Mediation
In order to assert your position at mediation your Mediation Brief should clearly set out the issues in dispute, the pertinent facts of the case, along with any key evidentiary documents or expert opinions. Without supporting documents or evidence, issues can be difficult to resolve, leaving the parties frustrated at the mediation. In addition to exchanging documents, it is essential that the person […]
Koski v Terago Networks Inc.
Koski v Terago Networks Inc. 2021 BCSC 117 – Wrongful dismissal Koski was dismissed without cause and without notice after 13 years of employment. Although he had an employment contract, it did not include a termination clause. The Supreme Court of British Columbia found that Koski was entitled to the bonus he would have received during his […]
Foster v Aviva General Insurance
CERB not akin to EI and not deductible from IRB In the recent Licence Appeal Tribunal (“LAT”) reconsideration decision of Foster v Aviva, 2021 ONLAT 19-014657/AABS adjudicator Vice Chair Boyce granted the applicant’s request for reconsideration. In the initial decision, adjudicator Ferguson suggested that the applicant’s receipt of the Canada Emergency Response Benefit (“CERB”) and Canada […]
Working for Workers Act, 2021
On November 30, 2021 Ontario passed Bill 27, the Working for Workers Act, 2021 (the “Workers Act”) with Royal Assent expected to follow within the coming weeks. Four key highlights of the Workers Act, are as follows: 1. The “right to disconnect” requires employers with 25 or more employees to develop a written policy addressing employees’ ability […]
Booking Mediations as of October 1, 2021
We are very pleased and excited to announce that Avril Hasselfield and Susan Rai have formed Results Mediators to provide you with professional mediation services! We both started our legal careers in private practice with a focus on representing Plaintiffs and then moved in-house into the Insurance and Financial Services industry representing all lines of business with their litigation. Together we have over 35 […]