Testifying by Teleconference at the Ontario Human Rights Tribunal
The Ontario Human Rights Tribunal has recently confirmed that it will generally not allow testimony by teleconference where the credibility of the witness is a significant issue or where the witness’...
View ArticleDependent Contractor Receives 26 Months Notice of Termination
In Keenan v. Canac Kitchens, Lawrence Keenan worked for the defendant, Canac Kitchen, from 1976 to 2009 (33 years). He worked as a kitchen installer for 6 or 7 years, then became a foreman in 1983....
View ArticleAdmissibility of Cell Phone Records and More
An Ontario arbitrator in Corporation of the City of Niagara Falls v Amalgamated Transit Union, Local 1582, 2015 CanLII 67502 (ON LA) recently considered a production request by an employer for an...
View ArticleProduction of Medical Files at Arbitration
When are medical files producible in advance of an arbitration hearing? Arbitrator Luborsky considered this in Dufferin Concrete v Teamsters Local Union Local 230, 2015 CanLII 68945 (ON LA). Counsel...
View ArticleMust an Employer Accommodate a Request for a Straight Day Shift (in Alberta)?
This was the question recently considered by the Alberta Court of Queen’s Bench in an application for judicial review of an arbitrator’s decision. The case is SMS Equipment Inc v Communications,...
View ArticleWhen Must an Employee Mitigate With the Same Employer?
The Court of Appeal for British Columbia considered this question in Fredrickson v. Newtech Dental Laboratory Inc. 2015 BCCA 357 (CanLII). The trial judge found that the plaintiff failed to mitigate...
View ArticleMitigation - How Far Must the Employer Go?
In a wrongful dismissal lawsuit, the employer will bear the onus of demonstrating a failure to mitigate by the employee. This is a heavy onus and the employer should gather evidence about the job...
View ArticleWithout Prejudice - What Does this Really Mean?
What do the words “without prejudice” mean? When we write these words on top of a letter to an employee, union or lawyer, what effect will this have? The Federal Court of Appeal recently considered...
View ArticleChallenges and Opportunities of Speedy Resolution of Disputes
Where a case proceeds by way of a motion for summary judgment, a decision will be handed down quickly, often during the period of reasonable notice. The court, in such a case, will be called upon to...
View ArticleBald Allegations of Discrimination Aren't Enough
Another day another case where the Ontario Human Rights Tribunal dismisses an application alleging discrimination on the basis of employment because the Tribunal does not entertain bald allegations...
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