Benefits — Ontario Employment Law

The Corporation of the Town of Whitby v. The Whitby Professional Fire Fighters’ Association, Local 2036

Judicial Review: Arbitrator Upheld on Collective Agreement Benefits

This is a judicial review of an arbitrator's decision concerning the interpretation of a collective agreement between the Town of Whitby and the Whitby Professional Fire Fighters’ Association. The central issue was whether the employer was obligated to provide accidental death benefits despite an insurance policy exclusion, and whether the arbitrator's interpretation was reasonable under the Vavilov framework.

Trustees of the International Brotherhood v. S. et al.

Fraudulent Benefit Claims: Punitive Damages and Costs

This is a merits decision involving a claim by union trustees against former employees or beneficiaries for fraudulently obtaining pre-retirement death and health benefits through forged documents and perjury. The court established liability for fraud, deceit, and conspiracy, granting declaratory relief to prevent further unjust enrichment and awarding punitive damages of $50,000 against each defendant for their high-handed conduct. Costs were awarded on a substantial indemnity basis due to the complexity and seriousness of the fraud.

J. v. Metroland Media Group Ltd.

This is a procedural or merits decision regarding a dispute over short-term disability benefits under an employment contract. The case concerns the interpretation of the contract of employment and the entitlement to specific benefits.

P. c. Quadraspec Inc.

This case involves a dispute regarding the cessation of employment, specifically focusing on the required notice period ('préavis'), salary entitlements, and benefits upon termination.

B. v. Sears Canada Inc.

An appeal to the Court of Appeal from an application judge's decision regarding an employee's entitlement to post-retirement benefits. The employee worked for the employer for over 31 years, initially part-time and then full-time. Human resources advised her in 2005 that her combined service meant she would qualify for retirement benefits in about three years, but the employer later denied the benefits upon her termination. The application judge ruled that this formed a contractual agreement entitling her to the benefits. The Court of Appeal agreed there was evidence to support this agreement and dismissed the employer's appeal.

K. v. Kelseys International Inc.

This is a procedural ruling concerning jurisdiction in a workplace safety and benefits dispute between an employee and their employer.

Toronto Professional Firefighters' Association v. Toronto (City)

Firefighters' Association v. City: Arbitration on Benefits

This is a judicial review of an arbitrator's decision concerning the applicability of collective agreements and the entitlement to accidental death benefits for a firefighter who died from an occupational illness. The Divisional Court reviewed the arbitrator's finding that the old collective agreement governed the benefits claim and addressed the interpretation of 'accidental' death and 'line of duty' provisions.

R. v. Washington Mills Electro Minerals Corporation

Wrongful Dismissal: 32-Year Employee 24-Month Notice Period

The Court of Appeal for Ontario heard an appeal regarding the reasonable notice period and damages awarded to a 61-year-old employee with 32 years of service in middle management. The court found that the trial judge erred by not awarding 24 months' notice and by failing to include the value of benefits during the notice period, while upholding the finding that there was no bad faith in the termination.

M. v. Manufacturers Life Assurance Co.

Labour Relations: Collective Agreement Jurisdiction & Arbitration

This is an appeal concerning the jurisdiction of the courts versus arbitration in a dispute over long-term disability (LTD) benefit entitlements under a collective agreement. The Court of Appeal for Ontario determined that the essential character of the dispute arises from the interpretation of the collective agreement, thereby requiring the courts to decline jurisdiction in favor of arbitration for the unionized employees involved.

B. v. Governor and Company of Adventurers of England and Trading into Hudson’s Bay

This is an appeal to the Court of Appeal from a motions judge's decision in a representative action about a pension plan. Former employees of the Hudson Bay Company claimed a share of the pension plan's actuarial surplus after their division was sold. The motions judge answered several questions of law prior to trial, finding that the employer could not amend the plan to pay administrative costs from the pension fund. The Court of Appeal allowed the employer's appeal and set aside those answers because the legal issues were too factually linked to be decided on a motion. The court ordered all issues regarding administrative costs to proceed to a full trial.

M. v. Alexander Centre Industries Ltd.

Wrongful Dismissal: Non-Deductibility of Disability Benefits

This is an appeal to the Court of Appeal from a trial judge's decision about whether disability benefits should be deducted from wrongful dismissal damages. The employee, K.M., sued his former employer, Alexander Centre Industries Limited, after he was fired while on medical leave. The trial judge awarded the employee 24 months' notice plus two months for bad faith discharge, and declined to deduct his disability benefits from the award. The Court of Appeal dismissed the employer's appeal, finding that the disability benefits were akin to private insurance because the employee accepted a lower starting salary in exchange for the coverage. The trial judge's award of 24 months' notice and two months for bad faith without deducting the disability benefits stands.

E.M. Plastic & Electric Product Ltd. v. H.

This is an appeal to the Court of Appeal for Ontario concerning a wrongful dismissal and constructive dismissal dispute. The case addresses issues related to damages and benefits owed to the employee upon termination.

A. v. Les Carreaux Ramca Ltée

This is a wrongful dismissal case involving allegations of constructive dismissal. The dispute centers on the calculation of damages, specifically regarding benefits entitlements following the termination of employment.