169809 Canada Ltd. v. A.

P. v. Zenova Group PLC

P. v. Zenova: Employment Status & Jurisdiction Appeal

This is an appeal from a motion judge's decision regarding employment status and jurisdiction. The Court of Appeal found that the appellant was an employee under the Employment Standards Act, 2000, rendering the forum selection clause void, and established that Ontario had jurisdiction over the dispute.

2469695 Ontario Inc. v. M.

Judicial Review: Unpaid Wages & Employment Status

This is a judicial review of an Ontario Labour Relations Board decision that upheld orders for unpaid wages issued by an employment standards officer. The Divisional Court applied the Vavilov framework to determine whether the Board's decision regarding the respondents' employment status was reasonable, assessing the Board's reliance on documentary evidence and whether procedural fairness was breached despite allegations of witness coaching.

C. v. Medcan Health Management Inc.

ESA Class Action: Vacation & Holiday Pay Compliance

This is a class action proceeding addressing whether the defendant maintained a reasonable system to ensure proper payment of statutory vacation and public holiday pay under the Employment Standards Act, 2000. The court is determining common issues related to ESA compliance, breach of employment contracts, and the scope of discovery and document production relevant to these statutory obligations.

D. v. Transasian Fine Cars Ltd.

ESA Termination & Severance: Frustration of Contract

This is an interlocutory application concerning the calculation of termination pay and severance pay under the Employment Standards Act, 2000, following a frustration of contract due to disability. The court addressed whether 'regular wages' for these statutory entitlements should be based on pre-injury earnings or the accommodated reduced-rate earnings from the last 12 weeks worked. The application was dismissed, with the court applying a plain reading of the statute and precedent from Hoekstra v. Rehability to calculate payments based on the last 12 weeks worked.

In the Matter of the Companies’ Creditors Arrangement Act and a Plan of Compromise or Arrangement of 14487893 Canada Inc.

A contractual dispute involving the interpretation of insurance exclusion clauses and the Employment Standards Act.