Limitation Period — Ontario Employment Law

Formenton v. Newport Sports Management Inc. et al.

Arbitration Award Set Aside: Labour Relations & Fairness

This is a procedural ruling on an application to set aside an arbitration award in a closed shop labour relations context. The court addressed issues of arbitrator jurisdiction, the validity of a six-month contractual limitation period, and procedural fairness regarding the arbitrator's consideration of NHLPA information.

Warren v. D’Alfonso et al.

Warren v. D’Alfonso: Amending Pleadings in Employment Defamation

This is a procedural ruling regarding a plaintiff's motion to amend a Statement of Claim in an action against an employer for defamation and improper disciplinary actions. The court addressed whether to allow amendments to add parties and provide particulars for the defamation claim, and whether the claim was barred by limitation periods or the grievance process.

Singh v. RBC Insurance Agency Ltd.

Class Action: ESA Variable Compensation Certification

This is a certification motion in a class action lawsuit alleging breaches of the Employment Standards Act regarding variable compensation. The court addressed whether the proposed representative plaintiff was adequate under s. 5(1)(e) of the CPA, specifically considering their alleged lack of knowledge of statutory non-compliance and manager status. The court upheld the procedural requirements for certification, finding that the limitation bar was not definitively shown and that the representative's manager status did not create a disqualifying conflict of interest.

Badawy v. TD Bank Group

Wrongful Dismissal: Claim Dismissed Due to Limitation and Release

This is a summary judgment motion in a wrongful dismissal case where the plaintiff's claim was dismissed. The court found that the plaintiff's claims were statute-barred under the Limitations Act, 2002, and barred by a comprehensive settlement and release agreement signed after the employment termination. The defendant demonstrated no genuine issue requiring a trial, and the plaintiff failed to meet the evidentiary burden to challenge the enforceability of the release.

. Corbo v Cura-Can Health Corp.

Unpaid Wages & Vacation Pay: ESA Limitation Periods

This is an employment standards dispute concerning unpaid wages and vacation pay brought under the Employment Standards Act, 2000. The case addresses the application of limitation periods to such statutory claims.

Visic v. Elia Associates

This is a procedural ruling on a motion for summary judgment in an employment law dispute. The court addressed the test for summary judgment under Rule 20 of the Rules of Civil Procedure and issues regarding the Limitations Act, 2002.

Jack Ganz Consulting Ltd. v. Recipe Unlimited Corporation

Consulting Agreement: Dependent Contractor Status Denied

This is a civil procedure ruling on summary judgment in a dispute over a consulting agreement. The plaintiff, Jack Ganz Consulting Ltd., claimed to be a dependent contractor entitled to common law reasonable notice upon termination, but the court found the plaintiff was an independent contractor with no economic vulnerability or exclusivity. The claim for reasonable notice was dismissed as statute-barred under the Limitations Act, 2002, while the breach of contract claim was not statute-barred.

Kennedy v. RBC

Kennedy v. RBC: Limitation Period on Wrongful Dismissal

This is a summary judgment motion concerning whether the plaintiff's claims for wrongful dismissal and breach of employment agreement were statute-barred under the Limitations Act, 2002. The court rejected the plaintiff's argument that the limitation period was delayed by ongoing post-termination negotiations, holding that the claims were discoverable at or shortly after the time of termination.

Torres v. Export Packers

Human Rights Limitation Periods: Motion to Strike Dismissed

This is an interlocutory motion to strike pleadings in a civil action involving wrongful dismissal and human rights claims. The defendant sought to strike portions of the claim as statute-barred under the Limitations Act, while the plaintiff argued that the Ontario Human Rights Code's limitation period for a series of incidents applied. The court dismissed the motion to strike, finding that the law regarding the conflict between these limitation periods was unsettled and that factual issues required determination at trial.

Beccarea v. Canadian National Railway Company

Pension Survivor Benefits: Divorced Spouse Claim Dismissed

This is a merits decision regarding a claim for survivor pension benefits by a divorced spouse of a retired railway employee. The court addressed whether the plaintiff qualified as a 'widow' under the pension plan rules and federal legislation, and whether the claim was statute-barred by the Limitations Act, 2002. The claim was dismissed as the plaintiff was not a widow at the time of death and the claim was filed after the limitation period began.

Golberg v. North East Community Care Access Centre

Wrongful Dismissal: Limitation Period Issue

This is an employment law case involving a wrongful dismissal claim where the central legal issue is the application of the limitation period under the Limitations Act, 2002.

Novak v St. Demetrius (Ukrainian Catholic) Development Corporation

Novak v St. Demetrius: Employment Contract & Limitations

This case addresses whether an enforceable employment contract existed based on an alleged promise of full-time employment and whether related claims were barred by limitation periods or outside the court's jurisdiction. The court found no enforceable agreement or representation, determined the claim was barred by the two-year limitation period under the Limitations Act, 2002, and ruled that constructive dismissal claims fell under the exclusive jurisdiction of the Ontario Labour Relations Board. Consequently, the plaintiff's claim was dismissed.

Ryan v Peel District School Board

Ryan v Peel District School Board: Pension Contribution Limitation

This is a summary judgment motion in an employment dispute where the plaintiff alleged the employer failed to pay pension contributions for periods between 1992 and 2011. The defendant argued the claim was statute-barred under the Limitations Act, 2002, asserting the plaintiff discovered or ought to have discovered the claim by October 2011. The court applied discoverability principles to determine if the action was commenced in time.

ERNEWEIN v HONDA CANADA

Overtime Pay: Limitation Periods and Privilege Disputes

This case addresses procedural and evidentiary disputes in an employment standards action regarding retroactive overtime pay claims dating back to 1997. Key issues include whether the claim is statute-barred under the Limitations Act, 2002, the applicability of discoverability principles, and the production of privileged documents and witness statements.

Brown v. BCE

Wrongful Dismissal: Claim Struck for Limitation Expiry

This is an interlocutory proceeding concerning a wrongful dismissal claim where the defendant moved to strike the plaintiff's statement of claim. The court analyzed whether the pleadings disclosed a reasonable cause of action and whether the claim was barred by the two-year limitation period under the Limitations Act, 2002. The court found the claim did not disclose a reasonable cause of action and was statute-barred, declining to address the argument regarding frivolousness.

Barbu v. MMM Group Limited

Wrongful Dismissal: Summary Judgment on Limitation Period

This is a summary judgment motion in a wrongful dismissal case involving the Barbu plaintiff and MMM Group Limited. The court addressed whether the claim was barred by the limitation period under the Employment Standards Act, 2000.

Robin Boys et al v. Shoppers Drug Mart Inc.

This is an interlocutory application regarding whether claims for supplementary pension benefits were barred by the Limitations Act, 2002. The applicants sought declarations regarding their pension rights, arguing that the limitation period did not begin until payments were due, while the respondent contended it began upon issuance of option notices. The court applied principles of contract law regarding anticipatory breach and the discovery of claims to determine if the claims were statute-barred.

Aletkina v. The Hospital for Sick Children

Employment Dispute: Discovery and Amendment Motions

This is a procedural motion concerning discovery refusals and an application to amend pleadings in an employment dispute. The court addressed whether the defendant must answer refused discovery questions and whether the plaintiff could amend the statement of claim to add new causes of action after the limitation period had expired.

Canaccord Capital Corporation v. Roscoe

Employment Contract Indemnity & Limitation Periods

This is a summary judgment motion concerning an employer's claim for reimbursement of settlement and legal fees under an indemnity clause in an employment contract. The court addressed whether section 18 of the Limitations Act, 2002 applies to such claims and determined that the limitation period begins when the indemnity obligation crystallizes, such as upon settlement or judgment.

Daniel John Burgener v. Corporation of Haldimand County

Retiree Sick Leave Credits & Severance Agreement Dispute

This case addresses whether a former employee was entitled to payment for accumulated sick leave credits under the employer's Policy Manual and severance agreements following municipal amalgamation. The court examined the interpretation of employment policies, the scope of general releases executed by the plaintiff, and whether the claim was statute-barred under the Limitations Act, 2002.