Ranjan K. Agarwal

Ranjan K. Agarwal

Bennett Jones LLP

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Mandatory Retirement in Professional Services Firms

On May 22, 2014, the Supreme Court of Canada released its decision in McCormick v Fasken Martineau DuMoulin LLP. The Court found that John McCormick, an equity partner in Faskens, was not an employee for the purposes of the...more

5/23/2014 - Canada Equity Investors Partnership Agreements Partnerships Professional Services Companies Retirement

Human Rights Damages on the Rise?

In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario “reconsider its current approach to general damages awards in cases where discrimination is proven. The...more

2/20/2014 - Canada Discrimination Human Rights

Common Employers in Class Actions

In mid-December, Justice Paul Perell released an interesting decision involving wage claims made by post-doctoral fellows at Sunnybrook Hospital (Pasian v Academic Clinicians’ Management Services, 2013 ONSC 7787)....more

2/13/2014 - Canada Class Action Healthcare Wage and Hour

Federal Hate Speech Prohibition Has Nine Lives

On January 31, 2014, the Federal Court of Appeal held in Lemire v Canadian Human Rights Commission that the hate speech prohibition in the Canadian Human Rights Act is constitutional. This decision comes on the heels of the...more

2/11/2014 - Canada Hate Speech SCC

Supreme Court Narrows the Tort of Unlawful Interference with Economic Relations

Canadian courts have long struggled with the tort of unlawful interference with economic relations. This struggle has generated significant ambiguity in the case law—even the tort’s name was unsettled. However, on January 31,...more

2/7/2014 - Canada SCC Tortious Interference

The Rise of Employment Class Actions?

As we discussed in an earlier blog post, a class action alleging BMO Nesbitt Burns failed to pay overtime to its current and former investment advisors was certified in August 2013. Rosen is the first certified class action...more

2/7/2014 - Canada Class Action Class Certification Unpaid Overtime

Supreme Court Revitalizes Summary Judgment to Foster Access to Justice

In a much-anticipated decision released on January 23, 2014, Hryniak v Maudlin, 2014 SCC 7, the Supreme Court of Canada articulated a new approach to summary judgment under Rule 20 of Ontario's Rules of Civil Procedure (RRO...more

1/30/2014 - Canada SCC Summary Judgment

New Mass Termination Claim Certified in Ontario

On January 2, 2014, Justice Perell certified a class action alleging that, among other things, a group of over 500 putative class members had been wrongfully dismissed by their former (now insolvent ) employer. Justice...more

1/24/2014 - Canada Class Action Class Certification Hiring & Firing Putative Class Actions Termination Unemployment Unpaid Overtime

Rodriguez Redux

Today, the Supreme Court of Canada granted leave to appeal in Carter v Canada (AG), which deals with the constitutionality of the assisted suicide provision of the Criminal Code. In 1993, in Rodriguez v British Columbia (AG),...more

1/17/2014 - Assisted Suicide Canada SCC Suicide

Supreme Court Strikes Down Canada’s Prostitution Laws

In a unanimous decision authored by the Chief Justice of Canada, the Supreme Court has upheld lower courts decisions striking down some of Canada’s prostitution laws as unconstitutional. Though prostitution itself is not...more

1/13/2014 - Canada Prostitution SCC

Regulatory Proceedings and Class Actions: The Supreme Court of Canada Speaks on Preferable Procedure

On December 12, 2013, the Supreme Court of Canada (SCC) released its fourth major class action decision in two months: AIC Limited et al v Dennis Fischer et al (Fischer). This case concerns whether a class action is the...more

12/13/2013 - Canada Class Action Damages Investors Market Timing Mutual Funds SCC Settlement

The Senate Goes to the Supreme Court

The Supreme Court of Canada begins three days of hearings today into the federal government’s proposed amendments to the election and term limits of Senators. The federal government has, since it was first elected, attempted...more

11/13/2013 - Canada Election Laws SEC

For The First Time, Ontario Superior Court Awards Human Rights Damages

In 2008, the Human Rights Code was amended to allow, amongst other things, civil claims for breaches of the Code. Though we often see plaintiffs alleging discrimination in the context of a wrongful dismissal or constructive...more

10/7/2013 - Canada Damages Human Rights OSC

Supreme Court Affirms the Enforceability of Restrictive Covenants in Commercial Agreements

It is trite law that restrictive covenants (non-competition and non-solicitation clauses) are a restraint on trade and, generally, difficult to enforce in employment contracts. The employer has the onus of proving that the...more

9/27/2013 - Canada Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants SCC

Court of Appeal Increases Corporate Fine in Fatal Accident

In December 2009, four workers fell to their deaths while repairing balconies at an apartment complex in north Toronto. The accident was caused by the site supervisor’s negligence (he died in the accident). The construction...more

9/9/2013 - Bodily Injury Canada Fines Negligence Supervisors Workplace Hazards Workplace Injury Wrongful Death

Justice Belobaba Certifies Ontario’s first “Misclassification” Overtime Class Action

In a decision that marks the first of its kind, on August 20, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action alleging that BMO Nesbitt Burns Inc. (“BMO”) failed to pay overtime to a...more

8/23/2013

Ontario Court of Appeal Upholds Denial of Certification for Problem Gamblers

In a ruling released on July 31, 2013, problem gamblers in Ontario were denied certification of a $3.5-billion class action law suit commenced against the Ontario Lottery and Gaming Corporation. The Court of Appeal’s decision...more

8/16/2013 - Canada Casinos Class Action Class Certification Gambling Gaming Commissions

Ontario Court of Appeal Clarifies When Workplace Harassment Constitutes Constructive Dismissal

The Court of Appeal’s decision in General Motors of Canada Limited v Johnson does not break any new ground in the law of constructive dismissal. But against the backdrop of Bill 168 (the Violence and Harassment in the...more

8/8/2013 - Anti-Harassment Policies Canada Dismissals General Motors Harassment Proposed Legislation

Hate Speech Provision of the Federal Human Rights Act Repealed

On July 26, 2013, Bill C-304, An Act to Amend the Canadian Human Rights Act (Protecting Freedom) passed the Senate and received Royal Assent. The Act repeals section 13 of the Canadian Human Rights Act, which made hate...more

7/1/2013 - Canada Hate Speech Proposed Amendments

US Supreme Court Weighs-In on Same-Sex Marriage

For Canadians, yesterday’s landmark same-sex decisions from the U.S. Supreme Court probably seems ho-hum. In Ontario, it’s been over 10 years since the Court of Appeal held that the legal definition marriage cannot exclude...more

6/28/2013 - Discrimination DOMA Employee Benefits Equal Protection Hollingsworth v Perry Proposition 8 Same-Sex Marriage SCOTUS Sexual Orientation Discrimination Standing US v Windsor

The Supreme Court of Canada Provides Guidance on Random Alcohol Testing

In Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, a decision released on June 14, 2013, the Supreme Court of Canada has confirmed the limited ability of management to...more

6/19/2013 - Alcohol Testing Canada Unions Wine & Alcohol Workplace Hazards

SCC to Consider Use of Criminal Wiretaps in Class Actions

On June 2012, the Supreme Court of Canada announced that it would hear appeals in two matters from Quebec (Imperial Oil v Simon Jacques and Couche-Tard Inc v Simon Jacques) that may determine whether and to what extent wire...more

6/17/2013 - Canada Class Action Price-Fixing Wiretapping

Anti-SLAPP Legislation Introduced in Ontario

Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation has once again been introduced in Ontario. Now known as Bill 83, the draft Protection of Public Participation Act, 2013 received its first reading last...more

6/11/2013 - Anti-SLAPP Canada Defamation Non-Moving Parties Proposed Legislation Summary Judgment

SCC Greenlights Judicial Borrowing

Contrary to what we have all been told since grade school, in Cojocaru v British Columbia Women’s Hospital and Health Centre the Supreme Court of Canada decided that copying might not necessarily always be wrong. This...more

5/28/2013 - Appeals Canada Judges Legal Writing

Supreme Court denies banks’ appeal in overtime class actions

Last week, the Supreme Court of Canada denied CIBC and Bank of Nova Scotia leave to appeal the decisions against them in the overtime class actions. In June 2012, the Court of Appeal for Ontario certified class actions...more

3/29/2013 - Bank of Novia Scotia CIBC Class Action Compensation & Benefits Unpaid Overtime

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