Koski v Terago Networks Inc.

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 notice period despite a bonus plan/policy that contained restrictive language to the contrary.  Terago Networks was liable for Koski’s bonus during the notice period, with total damages of $102,670.62. In reaching this decision, Justice Hori discussed previous cases including Paquette and Matthews, which found that terms requiring employees to be “full-time” or “actively employed” will not suffice to remove an employee’s common law rights to damages.

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 Recovery Benefit (“CRB”) should be treated in the same manner as employment insurance benefits, or other remuneration from employment, and therefore deductible when calculating an income replacement benefit (“IRB”).

The applicant requested that the LAT review adjudicator Ferguson’s determination of the deductibility of the CERB / CRB for IRB purposes.  The applicant requested that the original decision be replaced with a decision that the CERB is not deductible from their IRBs.  The respondent, Aviva submitted that it agreed with the applicant and that the LAT erred in determining that the CERB was deductible.

Vice Chair Boyce found that the Tribunal made an error of law, and granted the applicant’s request for reconsideration under Rule 18.2(b) of the Tribunal’s Common Rules of Practice and Procedure. The Vice Chair found that Adjudicator Ferguson in the previous decision incorrectly focused on the definition of “gross employment income” to conclude that CERB is deductible from IRBs as “other remuneration from employment” pursuant to subsection 7(3)(a).

Working for Workers Act, 2021

Results Mediators Right to Disconnect
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 to disconnect from work. The Workers Act defines “disconnecting from work” as not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.

2. Another significant development in the Workers Act is the outright ban on non-compete agreements between employers and employees, whether in an employment contract or stand-alone agreement. While such clauses have long been difficult for employers to enforce, an out-right ban is a significant development for both employers and employees, and does away with the common law test for enforceability that focused on whether the clause was reasonable in terms of its scope and duration. There are two exemptions to the ban on non-competes, one is for executives and the other is where the clause is signed as part of the sale of a business and the seller of the business becomes an employee of the purchaser following the sale.

3. The Workers Act eliminates Canadian work experience as a requirement for professional registration and licensing for internationally trained foreign workers. The changes will apply to specific professions, including law, accounting, architecture, engineering, electrical and plumbing. The changes will not, however, apply to the medical field.

4. Lastly, temporary help recruiting agencies will require a license to operate and will be penalized for charging workers illegal recruitment fees. These changes aim to assist foreign workers in avoiding scams and deceitful recruiters when looking for work in Ontario.

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 years of litigation experience on both sides of disputes.

Having participated in countless mediations throughout our careers we have always recognized the value of allowing parties to resolve matters on their own terms outside the courts.

To polish our skills we completed the Mediating Disputes program at Harvard Law School and are ready to take on the roles of mediators to work with you to facilitate your settlements.

We look forward to assisting you with your next mediation and would love to hear from you.

Welcome to Results Mediators

Results Mediators provide effective and economical conflict resolution services to both corporate and private clients for litigated and non-litigated matters across Canada. We believe that mediation creates the best opportunity for parties to find a mutually acceptable result in contrast to the uncertain, costly, and lengthy litigation process.

(more…) “Welcome to Results Mediators”