Canada Labour Code — Ontario Employment Law

D. v. Bank of Nova Scotia

Class Action: Bank of Nova Scotia Vacation Pay Certification

This is a certification motion in a class action lawsuit brought by Home Financing Advisors against the Bank of Nova Scotia regarding employment standards compliance under the Canada Labour Code. The court addressed whether common issues existed concerning the calculation of vacation and statutory holiday pay, specifically whether the bank's disclosure methods were confusing under the Kinch test. The motion also considered expert evidence admissibility and limitation periods for accrued entitlements. Certification was granted for the proposed class.

G. et al v. Canadian Imperial Bank Of Commerce

Wrongful Dismissal: Unenforceable Termination Clauses & Notice

This wrongful dismissal case addressed the enforceability of termination provisions in employment contracts for federally regulated employees, applying the Waksdale framework to find clauses unenforceable due to ambiguity and overreach. The court also rejected saving provisions as a cure for statutory violations and determined reasonable notice periods of seven and twelve months for two plaintiffs based on Bardal factors. Damages were awarded for lost compensation, including bonuses and benefits, with no reduction for mitigation as the employer failed to prove the plaintiffs' refusal of alternative employment was unreasonable.

N. v. The Bank of Nova Scotia

Bank of Nova Scotia Class Action: Vacation Pay Certification

This is a certification motion in a class action lawsuit against The Bank of Nova Scotia concerning employment contracts and the calculation of vacation and holiday pay. The court granted certification on consent, determining that common issues existed regarding whether incentive awards and variable compensation constitute 'wages' under the Canada Labour Code. The proceedings also involved a partial discontinuance of claims related to unused vacation days and an amendment to the pleadings to narrow the scope of the claim.

Canadian National Railway Company v Teamsters Canada Rail Conference

Judicial Review: Arbitrator's Decision on Personal Leave Compensation

This is a judicial review of an arbitrator's decision concerning the calculation of compensation for personal leave days under the Canada Labour Code and the parties' collective agreement. The Divisional Court applied the Vavilov framework for reasonableness review to determine if the arbitrator's interpretation of section 17(b) of the Canada Labour Standards Regulations was unreasonable. The court found the arbitrator's decision, which applied section 17(a) due to the lack of an agreed-upon calculation method in the collective agreement, to be reasonable and upheld it.

F. v Canadian Imperial Bank of Commerce

Class Action: Unpaid Overtime Fees Approved

This is a costs and fee approval ruling in a class action lawsuit brought by employees against their employer for unpaid overtime under the Canada Labour Code. The court reviewed the fairness of Class Counsel's contingency fees and a request for an honorarium for the representative plaintiff, ultimately reducing the legal fees and denying the honorarium to ensure alignment with public policy and the integrity of the profession.

F. v. United Steel Workers Union Local 2004

This is an appeal to the Court of Appeal from a motion judge's decision concerning the court's jurisdiction over an internal union dispute. The appellant sued his union for redress after it disciplined him for alleging financial and procedural improprieties. The motion judge dismissed the action, finding that the Canada Industrial Relations Board had exclusive jurisdiction under the Canada Labour Code. The Court of Appeal agreed, holding that the essential character of the claim fell within the statutory scheme of the Code. The appeal was dismissed.

R. v. Northern Air Solutions Inc.

R. v. Northern Air Solutions: Averaging of Hours Appeal

The Divisional Court dismissed an appeal regarding an employment contract dispute involving the enforceability of an hours averaging agreement under the Canada Labour Code and the calculation of damages for a fixed-term contract. The court found that the motions judge's findings on the contractual term were supported by evidence and that technical non-compliance with notice requirements did not invalidate the averaging agreement where no prejudice was shown. The court also upheld the award of damages for the remaining term of the one-year fixed-term contract, including vacation and statutory holiday pay.

K. v Dufferin Communications Inc. c.o.b. as Evanov Radio Group

Vacation Pay in Commissions: CLC Compliance

This is a judicial review or appeal concerning an employee's claim for unpaid vacation pay under the Canada Labour Code. The central issue was whether the employer could satisfy its statutory vacation pay obligations by including such pay within commission payments without explicit evidence or adjustment. The court addressed whether the employment agreement could override statutory minimums and whether the claim was statute-barred under the Limitations Act, 2002.

W. v L.

Constructive Dismissal Delay & Severance Pay Award

This is a summary judgment decision addressing claims of constructive and wrongful dismissal alongside statutory severance pay. The court dismissed the constructive dismissal claim due to the plaintiff's unreasonable delay in asserting it and found no genuine issue for trial regarding the wrongful dismissal claim as the employer complied with contractual terms. However, the court awarded five days' severance pay under the Canada Labour Code, rejecting the employer's argument that the payment was conditional on a release.

K. v. Dufferin Communications Inc.

Vacation Pay Limitation Periods: Canada Labour Code

This is a summary judgment application concerning entitlements to vacation pay under the Canada Labour Code. The court addressed whether the claim was barred by limitation periods.

L. v. Day & Ross Inc.

This is a procedural ruling regarding costs following a partial summary judgment motion in a wrongful dismissal action involving a federally regulated employee. The underlying dispute concerns whether a termination provision in the employee's contract rebutted the presumption of reasonable notice at common law and whether it contravened the Canada Labour Code. The Divisional Court addressed whether the motion judge erred in awarding costs immediately rather than reserving them for the trial judge.

M. v. Canadian National Railway Company

Class Action Costs: Overtime Pay Under Canada Labour Code

This is a costs ruling in a class proceeding concerning overtime pay claims under the Canada Labour Code. The court addressed the determination of the 'successful party' and applied costs principles adapted to the realities of class proceedings to facilitate access to justice. Costs were awarded to the plaintiff’s class counsel on a partial indemnity scale.

F. v. Canadian Imperial Bank of Commerce

F. v CIBC: Class Action Overtime Certification Appeal

This is a judicial review of a motion judge's decision dismissing a class action certification motion and awarding costs to the defendant. The underlying dispute concerns the lawfulness of the employer's overtime policy under the Canada Labour Code and whether common issues existed for certification. The Divisional Court reviewed the evidentiary and legal errors alleged by the plaintiff.

M. v. Canadian National Railway Company

CN Rail Class Action: Unpaid Overtime & Holiday Pay

This is a certification motion in a proposed class action against Canadian National Railway Company regarding claims for unpaid overtime and holiday pay under the Canada Labour Code. The court addressed whether the Superior Court has subject matter jurisdiction, whether statutory rights constitute implied terms of employment contracts, and whether a class proceeding is the preferable procedure compared to the administrative process under the Code.

F. v. The Bank of Nova Scotia

Class Action Leave to Appeal: Systemic Overtime Claims

This is a procedural ruling on a motion for leave to appeal the certification of a class action involving systemic overtime claims by employees. The court addressed whether conflicting decisions justified granting leave and examined the legal basis for implying terms of good faith and negligence into employment contracts governed by the Canada Labour Code.

F. v. Bank of Nova Scotia

Class Action Certification: Retail Staff Claim Unpaid Overtime

A class action certification motion in which the plaintiff sought certification of a class action for unpaid overtime by retail sales staff of the Bank of Nova Scotia. The court found systemic breaches of duties owed to employees, including failure to compensate for overtime and inadequate record-keeping, and granted certification under the Class Proceedings Act, 1992.

A. v. S.

Labour Relations: Duty of Fair Representation & Exclusive Jurisdiction

This is a jurisdictional ruling concerning a claim of breach of the duty of fair representation by a union. The court addressed whether the Canada Industrial Relations Board has exclusive jurisdiction over such claims under the Canada Labour Code, even when criminal allegations like fraud are involved, and applied the discoverability principle to time limits for filing complaints.

P. v. Bank of Nova Scotia

Wrongful Dismissal: Employee Terminated After 3 Months Seeks Unpaid Overtime and Punitive Damages

A wrongful dismissal case where the plaintiff was terminated after three months of employment and alleges reprisals for raising concerns about overtime policies. The court ruled that the plaintiff's claims for wrongful dismissal, unpaid overtime, and punitive damages are not barred by issue estoppel or abuse of process and can proceed on their merits.

W. v. Anishinabek Police Service

Wrongful Dismissal: Court Retains Jurisdiction Before Collective Agreement Finalized

A wrongful dismissal case where the plaintiff was dismissed before a collective agreement was finalized. The court considered whether it had jurisdiction to hear the claim, given the defendant's argument that the matter was subject to arbitration under the Canada Labour Code. The court ruled that it retained jurisdiction because no collective agreement was in place at the time of dismissal and no arbitration election was made.

D. v. Scotia Capital Inc.

This is an appeal to the Court of Appeal from a motion judge's decision enforcing a settlement agreement. The employee, Mark T.D., appealed a judgment that enforced a settlement of his civil action against Scotia Capital Inc., which included a claim for overtime. The employee also brought a motion to adduce fresh evidence on the appeal. The Court of Appeal dismissed the motion to admit fresh evidence and dismissed the main appeal, finding the motion judge made no palpable and overriding error. The settlement remains enforced.