Author: Robert Tanha

In Pate Estate v. Galway-Cavendish and Harvey (Townships), decided in November 2011 after 10 years of protracted litigation, a wrongfully dismissed building inspector’s estate was awarded a whopping $550,000.00 in punitive damages against the municipality that had employed him. Pate had served as the Chief Building Official for the Township of Galway and

In McKinstry v. Stone, decided September 20, 2011, Pollak J. considered the burden of proof upon an employer seeking summary dismissal of an employee’s wrongful dismissal claim, where the employer is seeking to rely on a termination provision in an employee’s contract of employment:: To succeed on this motion, the Defendants

In Jadubir v. Martinrea International Inc.,  decided March 29, 2012, a tool and dye maker was laid off without recall after 15 years of service, and was never recalled to his position of employment. For the purpose of calculating a wrongfully dismissed employee’s entitlement to pay in lieu of reasonable

Each Week Wise Blog reviews recent decisions from the Ontario Court of Appeal. Perron v. Perron The Respondent sought security for costs in an appeal from a judgment granting the respondent sole custody of the parties’ three children. The trial judge rejected the appellant’s position that he should be awarded

Each week, Wise Blog analyzes recent decisions from the Ontario Court of Appeal. R. v. Ximines This appeal followed a jury trial where the appellant was convicted of possession of cocaine for the purpose of trafficking. He was acquitted at trial on charges of possession of Canadian currency derived from

Each month, Wise Law Blog reviews important decisions from the Ontario Human Rights Tribunal. RULINGS ON DISCRIMINATION Charlotte Vallee v. Fairweather Inc. The Applicant, a 57-year old woman, filed an Application alleging discrimination in employment based on disability and age. Ms. Vallee alleged that these prohibited grounds were factors in

Each Week Wise Blog analyzes recent decisions from the Ontario Court of Appeal. Placzek v. Green The respondent, Carmen Placzek, was severely injured in a rear end collision.  The appellant, Albert Green, was the driver of the vehicle that struck the respondent’s vehicle. The respondent suffered from a severe case

Each month, Wise Law Blog reviews important decisions from the Ontario Human Rights Tribunal. RULINGS ON DISCRIMINATION Rampersaud v. Primary Response Inc. et al.  In this case, the Applicant, a self-identified Black male of East Indian descent who was employed as a security guard, alleged discrimination against the Respondent security

Each Week Wise Blog analyzes recent decisions from the Ontario Court of Appeal. Tarion Warranty Corporation v. Kozy The main issue on appeal was whether the Respondent was considered a “builder” within the meaning of the term in the Ontario New Home Warranties Plan Act (“ONHWP Act”). The appellant, Tarion

Each Week Wise Blog analyzes recent decisions from the Ontario Court of Appeal.
Children’s Aid Society of the Regional Municipality of Waterloo v. C.A.D.

This case concerned an appeal from the order of Crown wardship without access granted by the On…

In Reinzo v. Washington Mills Electro Minerals Corporations, the Court of Appeal for Ontario answers an important question as concerns an employee’s entitlement to benefits during the notice period in a wrongful dismissal action: Do they include emplo…

Each Week Wise Blog review recent decisions from the Ontario Court of Appeal

Sordi v. Sordi

At trial, there were many contentious issues concerning the parties’ separation.. Cameron Sordi, appellant, and Joanne Sordi, respondent, were married for si…

In Chrabalowski v. BMO Nesbitt Burns, Lederer J. of the Ontario Divisional Court flatly refused to allow a wrongfully dismissed Plaintiff employee to claim moral damages in his Statement of Claim, upholding the Order of Master Abrams.

In his reason…

Each Week Wise Blog reviews recent decisions from the Ontario Court of Appeal.

Tut v. RBC General Insurance Company

This case revolved around a motor vehicle accident and insurance coverage issues. The respondent, Nagraj Singh Tut (Nagraj) received…