Orr v Direct Coil Inc.

Fawcett v. Sun Life Assurance Company of Canada

Fawcett v. Sun Life: Jurisdiction & LTD Dismissal

This case addresses whether a dispute arising from an employee's resignation and termination falls under exclusive arbitral jurisdiction via a collective agreement or can proceed as a civil claim for negligent misrepresentation. The court also examined whether an insurer's summary judgment regarding the termination of long-term disability benefits should be granted, finding genuine issues for trial regarding policy administration and credibility.

Chhelavda v. Huszti et al

Fixed-Term Termination: Unenforceable Clauses & Liability

This case involves a determination on the enforceability of termination clauses in an employment contract and the remedies available for the early termination of a fixed-term agreement. The court found the termination provisions unenforceable due to non-compliance with minimum standards, applying principles from Waksdale v. Swegon North America. Additionally, the court confirmed the employee's entitlement to wages for the balance of the fixed term, citing Howard v. Benson Group Inc., and held individual defendants jointly and severally liable alongside the corporation following a default judgment.

Stribling v. Starbucks Coffee Canada Inc.

Starbucks Settlement Enforceability: Repudiation & Duress

This is a summary judgment motion concerning the enforceability of a settlement agreement reached in the context of an employee's termination. The court addressed whether an email acceptance created a binding contract despite an unsigned release, whether the employer's erroneous 'for-cause' letter constituted repudiation, and whether the employee was subjected to financial duress. The motion judge found the settlement enforceable and dismissed the action.

Cross v. Cooling Tower Maintenance Inc.

Settlement Agreement Repudiation & Lump Sum Dispute

This is a summary judgment decision regarding a dispute over a settlement agreement entered into upon the termination of employment. The court addressed whether the employer's failure to disclose re-employment opportunities repudiated the agreement and whether the cessation of payments extinguished a fifty percent lump sum obligation. The court found that the agreement was not repudiated and that the employer was in breach for failing to pay the lump sum, ordering payment while dismissing the employee's claim for aggravated or punitive damages due to lack of evidence regarding heightened duties of loyalty.

Gaudette v. Charles and CSCNO

This is a motion to strike and leave to amend proceeding concerning the jurisdiction of the court over employment-related claims. The plaintiff, whose employment was governed by a collective agreement, sought to challenge her termination and alleged a breach of the duty of fair representation by the union. The court determined that disputes arising from collective agreements and claims regarding the duty of fair representation fall under the exclusive jurisdiction of labour tribunals, such as the Ontario Labour Relations Board, rather than the courts.