Stahle appealed the January 13, 2022 decision of Madame Justice Walters The Appeal was heard on February 14, 2023. The appeal was allowed, and a new trial was ordered for the Superior Court to reconsider if Soave qualified for LTD benefits. Facts: The Issues at Trial were as follows: The Ontario Court of appealed found […]
Category: Employment Law
Rolling Limitation Periods and Periodic Payments: Karkhanechi v. Connor, Clark & Lunn Financial Group Ltd., 2022 ONCA 518
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 […]
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, […]
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 […]