Category: Uncategorized

Voicemail

If you have tried to reach Camberwell House over the past half-week and received a “full mailbox” message, my apologies. We have had a sea of telemarketer hang-ups which have filled up the message cap.

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ONCA kills tort of harassment

The Ontario Court of Appeal has unanimously rejected harassment as an independent tort, (i.e. a specific wrong which can be sued upon): Merrifield v. Canada (Attorney General), 2019 ONCA 205. T The Supreme Court of Canada has, in the past, said that Human Rights tribunals are the proper places for harassment complaints: Seneca College of […]

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The Court of Appeal wrongly upends a routine practice

“The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts… Benedetto v. 2453912 Ontario Inc., 2019 ONCA 149 … is wrong on two grounds. The first ground is based on the expectations the parties will have had in the circumstances of the case. The second ground is based on a […]

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Employer Limits on Employee Free Speech

“Is the duty of loyalty a limit to freedom of expression?” In their article of that title Félix Germek-Michaud and Simon Gagné of Lavery Lawyers answer “yes”, in examining the case of a bookstore employee who wore a patch in support of Quebec students who were protesting government tuition changes: “The right to freedom of […]

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Arbitration Clauses and Employment Contracts: NO? Maybe.

“A recent decision from the Ontario Court of Appeal involving Uber throws into doubt the enforceability of certain arbitration clauses in employment (and independent contractor) agreements — and potentially consumer and other agreements. The Court found the arbitration clause at issue was invalid due to statutory non-compliance and unconscionability, in part because it required Uber […]

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“Independent Contractors” can get severance?

Jeff Dutton of Dutton Employment Law brings our attention to a Superior Court case that may change the law in Ontario: Cormier v. 1772887 Ontario Limited c.o.b. as St. Joseph Communication. Ms. Cormier had been an independent contractor with St. Joseph Communication [“StJC] from 1994-2004, an employee from 2004 to 2012, and a manger with […]

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