Wise Law Blog: 140 Law - Legal Headlines for Monday, November 11, 2013

Punitive Damages in Ontario Employment Law - Pate Estate v. Galway-Cavendish and Harvey (Township)

American courtroom dramas and John Grisham novels tend to skew Canadian views on what punitive damages are and how they are awarded.

The Ontario Court of Appeal’s November 2013 decision in

Pate Estate v. Galway-Cavendish and Harvey (Township) provides some clarity on the awarding of punitive damages in the employment law context.
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Money Mart Ordered to Pay $30K for Harassment

The Ontario Human Rights Tribunal has ordered National Money Mart Company to pay $30,000 in compensation to a former, one-year employee of the company who had been subjected to ongoing, serious sexual harassment by her workplace supervisor.

Workplace bullying is a serious problem for thousands of Canadians at work. It can degrade one’s self worth and create serious health problems for workers and their families.

There has often been very little that could be done to stop the workplace bully in his or her tracks. But, in Ontario, there is now hope around the corner.

With the Ontario Court of Appeal's June 25, 2009 ruling in Slepenkova v. Ivanov, it is now clear that the nearly-universal pronouncements by management lawyers as to the death of Wallace damages after Honda and Keays may have been a bit premature.

In Slepenkova, the Ontario appellate court upheld a two-month notice extension for an employer's bad faith termination, even though no evidence was led at trial as to the specific damages the employee directly incurred as a result of the bad faith. This appeared to place the trial Judge's decision at odds with the new Wallace test set out in Honda.

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Parental Access Visits via Skype?

Should access visitation with children via Skpe be considered an acceptable substitute where a custodial parent wants to move far away with the family's children?

Canada's family courts have reached conflicting decisions on this challenging new issue of the digital age.

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On Paternity, Polygamy, Palimony and Parental Alienation in Canada

Canada's press has had a field day with four sensational cases that have been winding their way through the nation's courts.

Dealing with fundamental questions at the very root of our values around marriage, children and family, these cases have captured the public's collective imagination - and ire -for very good reason.

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