Ranjan K. Agarwal

Ranjan K. Agarwal

Bennett Jones LLP

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New Good-Faith Duty of Honesty in Contractual Performance Recognized by Supreme Court of Canada

In a precedent setting case, the Supreme Court of Canada has: (1) recognized good faith as a "general organizing principle" of Canadian contract law; and (2) recognized a new duty of "honest performance", which requires...more

11/26/2014 - Canada Contract Formation Good Faith SCC

New Good-Faith Duty of Honesty in Contractual Performance Recognized by Supreme Court of Canada

A new duty of honest performance has been imposed on all Canadian contracts by the Supreme Court of Canada. The notion of a general and independent doctrine of good faith performance of contracts has historically been...more

11/14/2014 - Canada Contract Disputes Good Faith

Flying is a No-Rights Zone: Supreme Court of Canada Dismisses Language Rights Claim

Plaintiffs cannot bring a claim for damages for a breach of fundamental rights against an airline if that breach arose in the course of international travel. Simply put, international flying is a “no-rights zone” between...more

11/4/2014 - Airlines Canada Damages SCC

Supreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps

Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations. The issue of access arose in the aftermath of the Competition Bureau’s octane investigation. Between 2004...more

10/21/2014 - Class Action Criminal Prosecution Oil & Gas Price-Fixing SCC Wiretapping

Court of Appeal Denies Certification in Another Misclassification Overtime Class Action

In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision...more

10/9/2014 - Canada Class Action Class Certification Employee Rights Misclassification Over-Time Unpaid Overtime

Ontario Divisional Court Upholds Controversial Award of the Ontario Human Rights Tribunal

In Hamilton-Wentworth District School Board v Fair, the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal. In the Tribunal’s first decision, it found that the Hamilton-Wentworth...more

10/7/2014 - Canada Disability Disability Discrimination Human Rights Termination

Supreme Court Grants Leave to Appeal in Securities Class Actions

The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust...more

8/8/2014 - Appeals Canada Class Action Securities Litigation

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

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