Reported Cases

FEEL FREE TO REVIEW SOME OF OUR NOTABLE REPORTED COURT VICTORIES

Employment Lawyer Yan David Payne obtains unanimous Ontario Court of Appeal decision confirming $256,902.93 Wrongful Dismissal Trial Judgement plus costs of trial and appeal and interest.  Court awards compensation for lost wages over a 29 month period and a 15% ownership interest in company to this former manager.  See Ontario Court of Appeal Decision.  See also lower court decision:  Loyst v. Chatten’s Better Hearing Service, Court File No. CV-09-378679.  See Cost Order for an additional $35,000.00.

Crew et al. v. Rouge Valley Co-op

(Human Rights Tribunal File 2012-12445-I)

Firm Litigator Ms. Sanchez leads the charge and succeeds representing 10 applicants at the Human Rights Tribunal in an important challenge involving discrimination, harassment, and Co-op Board obligations (watch Ms. Sanchez and applicants interviewed by CBC and Global News and read more about the front-page news in the Toronto Star and CBC Online).  Read the 88-page Decision of Adjudicator D. Sanderson.  Read March 2016 Toronto Star article reporting the win.

Lourenco v. Turner

(Superior Court File No. 2018 ONSC 3252)

2018: Firm litigator Hashim Syed successfully argues against attempted summary judgment motion brought by Defendant and obtains Cost Judgment of $38,000.00 as a result of “wholly unsuccessful” motion by former employer.  See reported decision: Lourenco v. Turner, 2018 ONSC 3252.  See also September 2018 Cost Endorsement: Endorsement from Justice Carole Brown dated Sept 21.18.

G.C.S.L. v. Premier Salons Ltd.

(Superior Court File No. 2014 ONSC 5028)

Wrongful Dismissal Judgement in the amount of $75,000.00 plus interest (plus an additional $35,000.00 award for costs) secured by firm litigator Hashim Syed despite court’s finding of cause for the termination.  Court accepts firm’s technical argument that termination provisions in employment contract override employer’s defence of cause termination.  The Honourable Madam Justice Healey also dismisses employer’s groundless counterclaim.  See Formal Grossi Judgement [Issued and Entered].  See also link to Judge’s original Endorsement:  G.C.S.L. v. Premier Salons Ltd., 2014 ONSC 5028, CV-11-105362.

Rai et al. v. Finecraft Fine Jewellery

(Superior Court File No. CV-10-412224)

Superior Court accepts Mr. Payne’s submissions on reasonable notice period for two long-serving employees in this unusual summary judgement motion.  The Honourable Justice Penny finds that firm clients were each entitled to 22 months pay in-lieu of notice, well in excess of the 8 months paid by employer.  Order made despite fact that notice period had not yet elapsed when matter heard by Court.  Employer represented by experienced Bay Street Litigator.  Endorsement also represents first known decision assessing reasonable notice for employee terminated while on disability leave.  No need for pre-trial process or formal trial.  Case resolved prior to obtaining formal Order  (see Excerpt from Endorsement of Justice Penny).

Optech Inc. v. Sharma

(Superior Court File No. CB-08-362642)

Firm represents employee against unusual $1 Million claim and summary judgement motion brought by former employer.  Superior Court dismisses employer’s summary judgement motion and allows employee’s wrongful dismissal claim to proceed in this detailed 28-page decision.  Losing party represented by team of Bay Street lawyers, ordered to pay costs.

Cicinelli v. Mayfair Tennis Courts Limited

(Superior Court File No. SC-12-92206)

Firm employment lawyers Yan David Payne and Hashim Syed obtain finding of wrongful dismissal and damages against employer.  Employer forced to drop cause and resignation allegations.  Court awards “maximum amount of recoverable” costs under the Rules for employer’s conduct in initially denying wrongful dismissal.  [Link coming soon]

Loyst v. Chatten’s Better Hearing Service

(Superior Court File No. CB-09-378679)

Employment lawyer Yan David Payne secures judgement for lost wages over a 29 month period and a 15% ownership interest in defendant company, all on behalf of former manager.  Total judgement for $256,902.93, plus costs and interest.

Kelland v. POI Business Interiors Inc.

(Ontario Court of Appeal File No. C49149)

Unanimous Ontario Court of Appeal victory in favour of employee.  Employee awarded right to pursue constructive dismissal claim and awarded costs of appeal.  Employer represented by senior partner of Bay Street firm.

Draper et al. v. Suzuki Canada Inc.

(Superior Court File No. CV-11-425347)

Superior Court accepts each and every argument raised by Mr. Payne on behalf of former employees of Suzuki Canada Inc., and rejectsa ll submissions by Defendant Suzuki Canada Inc. and by its Bay Street lawyers in this attempt to separate claims brought jointly by former Suzuki employees.  Attempt at divide and conquer strategy fails.  Decision forces Suzuki Canada to pay employees for failed motion and sends a clear signal to all employers that claims may be joined  (see Endorsement of Master McAfee – Draper v. Suzuki).

Dardha v. Theodore et. al.

(Ontario Court of Appeal File No. C51251)

Judgement in favour of former gas station operator exceeding $500,000.00 (combined Judgement, costs and interest) unanimously upheld by Ontario Court of Appeal.  See also original Superior Court Judgement.

S.A. v. 8-B.A.S. Ltd.

(Superior Court File No. 07-339832SR)

Firm obtains Judgement for 12-months pay in-lieu of notice ($30,000.00) plus $17,000.00 in compensation for lost tools on behalf of mechanic with 5 years of service.  Court also awards costs and interest against employer.  Firm seizes funds from employer’s bank account (see Judgment of justice Lederer).

Janis Valentine et al. v. Gametronics Gaming Equipment Limited

(Superior Court File No. 02-CV-239526CM3)

Yan David Payne obtains Judgement on behalf of group of former employees in the amount of $80,753.13, plus costs and interest.  Employer’s appeal attempt dismissed.  Judgement and costs fully recovered through enforcement procedure  (see valentine judgement).

Khamis v. Statel Capital Partners Inc., et al.

(Superior Court File No. 07-CV-335479SR)

Yan David Payne manages to convince Superior Court to hold trial in Toronto despite former employer being located in Ottawa.  Costs awarded to client.  Matter resolved shortly thereafter.

Brouillette v. H  & R Transport Limited

(FM&CS File YM2707-8201)

Yan David Payne secures 64-page decision in favour of firm client under the Canada Labour Code and rejecting employer’s objections and permitting s. 240 Unjust Dismissal application to proceed (see Decision of Adjudicator Gorsky – Brouillette v. H & R Transport Limited).

Barbara Wells v. Metcap Living Management Inc.

(Superior Court File No.: 07-CV-343998SR)

Firm obtains formal Judgement against former employer for balance owing under settlement agreement, including a mandatory Order that the employer provide a positive reference letter: “… and to provide a positive reference letter reflecting nine years of loyal and dedicated service, the remaining terms of said reference letter to be agreed to by the parties and the defendant shall respond to any and all inquiries in a manner consistent with the tone and content of the said letter”. (see Judgment – Signed and Entered (Lederer’s decision).

Cao v. Human Resources and Skills Development Canada

Firm successfully appeals denial of EI benefits (based on allegations of misconduct) to Board of Referees.  One of many decisions where the Board unanimously accepts Mr. Payne’s submissions, overturns HRSDC’s decision to deny, and reinstates full benefits. (see Board of Referees Decision)

Ng v. Human Resources and Skills Development Canada

HRSDC decision denying client’s EI benefits application resceinded following filing of Appeal to Board of Referees and written submissions by Firm.  Matter fully resolved within 8 days. (see Letter from Service Canada).

Gaudet v. The Ottawa Hospital

(Human Rights Tribunal File No. 2009 HRTO 158)

Firm successfully proceeds with Human Rights Application against employer independent of union after union withdraws all grievances. (see Interim Decision – Reactivation of Application).

Frank Martino v. Microbix Biosystems Inc.

(Superior Court File No. T6770/02)

Yan David Payne wins wrongful dismissal trial against major Bay street law firm of Borden Ladner Gervais LLP.  Judgement and costs in favour of client.

Past results are not necessarily indicative of future results.  The amount recovered and other litigation outcomes will vary according to the facts in individual cases.  Please speak with us about the facts of your case.