Ontario
Ontario court confirms that employee with "anger management issues" not disabled under Code
In Gulick v. Ottawa Police Service, 2012 ONSC 5536, the Ontario Superior court confirmed that an employee with "anger management issues" was not disabled for the purposes of the Ontario Human Rights Code and thus not entitled to accommodation.
Specifically, the court stated the following in this case, which involved the dismissal of a police officer:
[15] While the incident giving rise to the disciplinary hearing did involve
some consumption of alcohol and medications, the Hearing Officer found as a
fact that the incident was triggered by anger management issues with which the
applicant had been struggling for several years. The Hearing Officer found
that alcohol was, at most, an exacerbating factor. We are not aware of any
jurisprudence which has established that anger management issues will support a
finding of disability.
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Court sets aside release signed by employee after employment terminated on basis it was unconscionable
Rubin v. Home Depot Canada Inc., 2012 ONSC 3053
A case summary by Landon Young & Jeremy Schwartz, at the firm of Stringer, can be found here: "Court Strikes Down Release Signed on Termination of Employment".
Ontario court urges "business transaction" exemption be added to PIPEDA, grants order for disclosure
In the Matter of an Application Under Rules 14.05(3)(d), 2012 ONSC 2530, a decision issued on April 26, 2012, the Ontario Superior Court of Justice granted an order allowing the vendor financial institution to disclose personal information to the purchaser, pursuant to an asset purchase transaction.
In doing so, the court urged, effectively, for the implementation of "business transaction" provisions such as those found in the BC and Alberta PIPAs, stating:
It is evident from this long list of cases that Farley J. was prescient in suggesting that "this type of situation should be addressed to avoid unnecessary court applications." I join Farley J. in urging that a route be provided that will permit the disclosure of the necessary personal information in such circumstances as these to avoid wasting the court's time and the parties' funds (at para. 12). read more »
Supreme Court of Canada will not hear appeal of Roman Catholic priest's unsuccessful constructive dismissal claim
The Supreme Court of Canada announced on May 17, 2012 that the application for leave to appeal in Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston was dismissed without costs, meaning the top court won't hear the case.
In a decision issued on November 22, 2011 -Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada, 2011 ONCA 728 - the Ontario Court of Appeal ("ONCA") had ruled that the court did not have jurisdiction over the priest's constructive dismissal claim, upholding the decision of the Ontario Superior Court.
Specifically, the ONCA stated: read more »
