Wages — Ontario Employment Law

L. v. Allstate Insurance

Class Action: ESA Certification for BDA Bonuses

This is a certification motion in a class action lawsuit brought by Business Development Agents (BDAs) against Allstate Insurance under the Employment Standards Act. The court certified the class action for claims regarding Agency Performance Bonuses (APB), but denied certification for Annual Incentive Plan bonuses and public holiday pay claims due to lack of commonality or evidence.

Y. v. Kia of Newmarket

Judicial Review: Employment Standards Wages Dispute

This is a judicial review application concerning an employment standards dispute over wages for 34.5 hours of work in October 2017. The Divisional Court examined whether the Board's finding that the applicant worked this amount was reasonable and whether the employer's payment satisfied their obligation.

B. v Global Credit

Class Action Dismissed: Commission Entitlement Under ESA

This is a class action proceeding addressing whether former employees were entitled to commissions on post-dated collections returned to a third party after layoffs. The court analyzed the contractual commission structure, the Employment Standards Act, 2000, and a settlement agreement, ultimately finding no contractual or statutory obligation to pay commissions as the breakeven requirement was not exceeded. The class action was dismissed with no basis for aggravated or punitive damages.

Taylor-Made Enterprises Inc. v. R.

An endorsement decision in a dispute concerning the interpretation of a contract related to wages.

B. v. Bird Mechanical Ltd.

This is a summary judgment motion in an employment law dispute concerning unpaid wages and bonuses. The court addressed issues related to the Limitations Act, 2002 and the Rules of Civil Procedure.

M. v. W.

M. v. W.: Wages Act Appeal

This is an appeal to the Court of Appeal from an application judge's decision regarding the definition of wages. The applicant sought to classify legal aid payments to lawyers as wages under the Wages Act. The application judge ruled that legal aid payments do not meet the statutory definition of wages. The Court of Appeal dismissed the appeal, agreeing that both the statute and relevant case law do not support classifying such payments as wages. The Court also upheld the application judge's treatment of an accounting issue.

M. v. B.

This case involves a dispute regarding employment pay and attendance records. The keywords suggest the plaintiff received pay without corresponding attendance or there was a dispute over pay received without proper justification.

Buchanan Forest Products Ltd. (Re)

This is a statutory interpretation case concerning the Forestry Workers Lien for Wages Act during the restructuring of Buchanan Forest Products Ltd. The court addressed the construction of statutes regarding employees' liens for unpaid wages in the context of the company's insolvency proceedings.

E. v. W.

This case addresses the legal liability of corporate directors for the payment of wages owed to employees.

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.

G. v. DaimlerChrysler Canada ltd.

This is an appeal to the Court of Appeal from a trial judge's decision in a wrongful dismissal action. The employee, a senior manager, had arranged for an in-ground pool and fence to be provided by the employer's supplier. The trial judge found in favour of the employee, but the Court of Appeal allowed the employer's appeal. The Court of Appeal held that the trial judge erroneously interpreted the employer's Integrity Code, which strictly required documentation of payment for personal services from suppliers. The employee's failure to document payment created a conflict of interest that compromised the employment relationship, giving the employer just cause for termination, so the action was dismissed.

610777 Ontario Ltd. v. F.

Wage Dispute: Non-Payment of Wages in Employment Standards Case

An employment standards case involving a dispute over non-payment of wages by the employer.

G. v. G.

Garnishment of Pay Equity Payments and Wage Exemptions

This is a civil procedure case concerning the garnishment of wages and pay equity payments owed to a former employee. The court addressed whether retroactive pay equity payments constitute 'salary' under the Garnishment, Attachment and Pension Diversion Act and whether the statutory exemption from garnishment should be reduced due to the debtor's financial misconduct.

J. v. R. (Div. Ct.)

Waiter Gratuities: Wages Under Wages Act

This is a statutory interpretation case concerning whether gratuities received by a waiter through credit card payments constitute 'wages' under the Wages Act. The court analyzed the remedial purpose of the legislation to determine if such gratuities are protected from garnishment as part of the employee's subsistence income.

C. v. B. (Gen. Div.)

Wages and Garnishment: Real Estate Salesperson Commissions Classified as Wages

A case involving the interpretation of the Wages Act and the Rules of Civil Procedure, focusing on whether commissions earned by a real estate salesperson constitute 'wages' and whether unearned remuneration qualifies as a 'debt'. The court applied broad definitions of 'wages' and 'debt' and established an employment relationship based on control and integration into the employer's business.

Re B. et al. and R.; Erie Meat Products Ltd., Garnishee

This is a procedural ruling concerning a garnishment application against an employer to recover wages owed to an employee. The court addressed exemptions under the Wages Act, R.S.O. 1980, c. 526, s. 7(1), regarding the debtor-creditor relationship and the protection of wage exemptions.

K. v. Blue Top Brewing Co. Ltd. et al.

K. v. Blue Top Brewing: Wages & Illegality

This is an action for wages brought by an employee against an employer where the employer raised the defense of illegality regarding the employment contract. The court addressed whether the illegality of the contract barred the employee from recovering wages.

Re P. v. W.

P. v. W.: Jurisdiction for Wages Claim

This is an appeal regarding the jurisdiction of the Division Court to hear a claim for wages and travelling expenses brought by a plaintiff against a non-resident defendant. The court determined whether the cause of action arose in Ontario, specifically interpreting whether claims for travelling expenses incurred in Ontario fall under the statutory phrase 'cause of action partly arose'.

Re Corson Shoe Co.

Bankruptcy: Travelling Salesman Preferred Creditor Claim

This is a bankruptcy proceeding involving a travelling salesman who claimed wages and expenses as a preferred creditor against the debtor company. The court determined whether expenses incurred for the company were part of 'compensation' under the Bankruptcy Act, 1919, ultimately allowing the claim as a preferred debt.