A lovely donation from the Garlough family
“The widow of one of our former male lawyers donated two sets of her husband’s court attire with the intention that we offer them free of charge to individuals about to be called to the bar who cannot afford to purchase a set themselves. We have two robes and two waistcoats available for donation. “If […]
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.
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 […]
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 […]
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 […]
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 […]
“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 […]
