Barry B. Fisher LL.B.
In their Notice of Appeal, the Township asked the Ontario Court of Appeal to convene a panel of five judges because they wanted to overturn the seminal Ontario Court of Appeal case of Waksdale v. Swegon North America Inc., 2020 ONCA 391.
In a ruling from the Associate Chief Justice dated June 10, 2024, this request was refused. This means that the Court will not be able to overrule Waksdale, which means that the contract in the Dufault case will be declared invalid and the trial judgement will stand.
Here is the interesting point. The trial judge in Dufault also found on some new and novel grounds that the contract was invalid.
Will the Court of Appeal rule on whether these additional grounds are valid or will they decline to answer those new issues because it would not change the outcome?
In my opinion, most Courts do not like to decide important legal issues unless they have to. My bet is that they dismiss the appeal without commenting on the new and novel arguments.
Employees can be dismissed for cause, and therefore without notice or severance, when their misconduct or performance is so egregious that the employment relationship has been irreparably harmed. In assessing this issue, employers must adopt a contextual approach, which considers not only the misconduct in question, but the entirety of the employment relationship.
Rudner Law, Employment / HR Law & Mediation
I’ve discussed the Privacy by Design principle before, in the Inside Internal Control newsletter. In case you don’t know, PbD is an approach developed by Dr. Ann Cavoukian, the Privacy Commissioner of Ontario, which proactively embeds privacy protection by default in the design of an organization’s practices and products.
Colin Braithwaite
This year’s Ontario Employment Law Conference co-sponsored by First Reference and Stringer Brisbin Humphrey on June 2, 2010, will touch on several topics of importance to employers. The first topic on the Agenda will provide employers with guidance on a significant court decision and changes in court procedures affecting the termination process. Specifically it should help employers minimize claims arising from the termination process.
Marie-Yosie Saint-Cyr, LL.B. Managing Editor