Ontario Court of Appeal
The Globe and Mail is reporting that the proposed representative plaintiff will be appealing the Ontario Superior Court of Justice's decision last month refusing to certify an unpaid overtime class action lawsuit against CIBC. You can read the article ("CIBC employee appeals judge's class-action denial", February 19, 2010) here.
Commissioned sales consultant operating through own corporation entitled to reasonable notice of termination
In Braiden v. La-Z-Boy Canada Limited, 2008 ONCA 464, the plaintiff, Braiden, had worked for La-Z-Boy Canada Limited for almost 23 years as a furniture sales consultant when La-Z-Boy ended the employment relationship.
Termination was effected pursuant to a 60-day notice provision in an agreement between La-Z-Boy and Gordon Braiden Sales Inc., a corporation owned by Braiden. The agreement expressly stated that Braiden was an "independent contractor".
The trial judge ruled that:
- given the extent of La-Z-Boy's control over Braiden's functions and activities, an employer/employee relationship existed between La-Z-Boy and Braiden.
- the 60-day notice provision in the agreement was null and void.
- the reasonable notice period was 20 months, in light of Braiden's age (53) and years of service to La-Z-Boy.
The Ontario Court of Appeal upheld the trial judge's decision.
Appeal Court finds outsourcing did not trigger severance provisions in Ontario's Employment Standards Act
In Abbott v. Bombardier Inc., 2007 ONCA 233, the Ontario Court of Appeal ruled that an outsourcing situation did not trigger the severance pay provisions in the Ontario Employment Standards Act, 2000.
Janice Payne and Aman Sidhu at law firm Nelligan O'Brien Payne in Ottawa have written a paper on "Tort Claims Against Third Parties in Wrongful Dismissal Actions" (November 2007). The paper was prepared for The Advocates' Society Annual Fall Convention. It addresses the following two tort claims:
- Tort of interference with business/economic relations; and
- Tort of inducing breach of contract.