Legal & Industry Insights
Detailed insider views on legal trends and outcomes.
Business Pays When They Fail to Take Sexual Harassment and Sexual Assault At Work Seriously
The case of S.E. v. 2474489 Ontario Inc. (o/a Opa! Souvlaki), 2024 HRTO 343, is a recent decision of the Human Rights Tribunal, where an employer was found in breach of the Ontario Human Rights Code (“Code”) on account of sexual harassment and assault perpetrated by an employee against another at work. BACKGROUND The applicant alleges that she experienced sexual harassment in employment, that the employer failed in its duty to investigate her complaints and further that the employer subjected her to a poisoned work environment. The applicant was 21 years old at the time she worked at a restaurant. The applicant alleged harassing conduct instigated by a specific co-worker, which included unwelcome and inappropriate comments, questions and jokes and sexual requests. The behaviors escalated, and the co-worker became physical with the applicant. The restaurant did not investigate the applicant’s complaints and instead, offered to move the applicant to another location, which would have...
Homeowners, Distributors and Contractors – Plenty of Blame to Go Around in Spill Case
The Court of Appeal has dismissed the appeal of a fuel supplier found 40% at fault in a case involving the discharge of 500 litres of fuel oil from two indoor residential tanks. The oil leaked into the soil underneath and around the house and ultimately made its way into a nearby lake. Remediation...
Mitigation? I Don’t Think So. (there’s a twist)
A recent case out of Ontario’s Superior Court of Justice focuses on the obligation of an insurer under a labour and materials payment bond. What makes the case interesting is that on the face of it, the plaintiff sub contractor ended up in a better position as a result of all of the circumstances...
“Other Insurance” and “Irreconcilable Limiting Intentions”
What happens when two insurers cover the same risk and each declare themselves excess to other available insurance? Ontario’s Court of Appeal addressed that issue in the recent case of TD General Insurance v. Intact Insurance, which involved a claim for bodily injury advanced by a passenger in a...
The Tort Threshold. Not all is as it seems.
The case of O’Brien v. O’Brien, 2018 ONSC 4665, is a tort threshold motion brought by some of the defendants after a jury trial where damages was the only issue. The damages quanta were found to be closer to the defendants' position thereupon. The motion was heard by Justice McKelvey of the...
Getting Paid to Sleep? Professionally Designated Spouses Can Now Be Paid for Overnight Supervisory Care.
The decision in E.E v Aviva Insurance Company, 2018 CanLII 76415 (ON LAT) deals with a request for reconsideration by the respondent of parts of the decision issued by the Tribunal, including the finding that the applicant was entitled to attendant care benefit (including 24 hour...
Should you indemnify? You better you better you bet.
With tension like The Who’s iconic song, the July 17, 2018 loss transfer private arbitration award of Fred Sampliner in State Farm v. Economical dealt primarily with a dispute over the quantum of State Farm’s claimed indemnity and included issues. Economical admitted 100% liability for the...
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