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Judge rules employee's statement, "I'm out of here," was not sufficient basis for employer to conclude that he had resigned.

T. F. (Ted) Koskie, B.Sc., J.D. — 2012-05-08T15:13:50-06:00

In Balogun v. Deloitte & Touche, LLP, a British Columbia judge has ruled an employee's remark to the effect that "I'm out of here" at the end of a performance review meeting that had not gone to his satisfaction was too ambiguous for the employer to conclude that he had resigned. Finding instead that the employer subsequently ended the employment relationship by delivering a Record of Employment, the judge held that the employer was obliged to pay the employee two months' salary in lieu of reasonable notice of termination.

Judge awards damages to executive who quit following demotion.

T. F. (Ted) Koskie, B.Sc., J.D. — 2012-05-08T15:00:04-06:00

In Chalifour v. IBM Canada Limited, a Quebec Superior Court judge has awarded two years' pay in lieu of notice to an executive who was constructively dismissed when his new boss unilaterally demoted him to a substantially inferior position while he was undergoing treatment for cancer. In awarding substantial damages, the judge found that IBM's perception of the employee's state of health, despite any medical evidence to support it, was part of a deliberate decision to impose on him a job that was "an affront to his dignity and his reputation."

"Modest" job search constituted reasonable attempt to mitigate given industry downturn

T. F. (Ted) Koskie, B.Sc., J.D. — 2012-04-25T16:51:03-06:00

Upholding an employee's action for wrongful dismissal when his position was eliminated following an economic downturn in the heavy machine industry, an Ontario judge in Day v. JCB Excavators Ltd. has ruled that the employee's non-lucrative self-employment and lackluster attempts to seek new employment were nonetheless reasonable attempts at mitigation because a more diligent search for new employment would likely have proven unsuccessful.

Employee's refusal to accept new position with company amounted to resignation

T. F. (Ted) Koskie, B.Sc., J.D. — 2012-04-04T16:45:23-06:00

In Gillis v. Sobeys Group Inc., the Nova Scotia Supreme Court has ruled that an employee resigned and was not constructively dismissed when she declined an alternative position offered by the employer after it eliminated her position.

Courts recognize new right to sue for invasion of privacy

T. F. (Ted) Koskie, B.Sc., J.D. — 2012-03-07T16:34:13-06:00

In Jones v. Tsige, the Ontario Court of Appeal has recognized the invasion of an individual's privacy as a new common law tort – that is, a civil wrong for which the victim can seek compensation in court – which it calls "intrusion upon seclusion."

Challenging Municipal By-Laws

T. F. (Ted) Koskie, B.Sc., J.D. — 2012-02-08T16:18:03-06:00

In Catalyst Paper Corp. v. North Cowichan (District), the Supreme Court of Canada considered a challenge to a by-law by considering whether it was reasonable having regard to process and whether it falls within a range of possible reasonable outcomes.

Arbitrators have wide leeway in applying legal doctrines

T. F. (Ted) Koskie, B.Sc., J.D. — 2012-01-11T16:04:02-06:00

In Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals, the Supreme Court granted an appeal from the Manitoba Court of Appeal, determining that an arbitral award applying common law or equitable remedies deserves deference, and should be reviewed on a standard of reasonableness rather than correctness.

Bad faith dismissal

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-12-14T15:54:41-06:00

Court confirms arbitrator's remedial authority to award damages for lost income, mental distress and pain and suffering, as well as punitive damages.

Defamation: Internet Hyperlinks

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-11-16T15:07:16-06:00

In Crookes v. Newton, the Supreme Court of Canada found that a simple reference–like a hyperlink–to defamatory information is not the type of act that can constitute publication.

Probationary Employees

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-10-19T14:46:35-06:00

In face of prima facie complaint of discrimination, employer has positive obligation to hire probationary employee or provide reasons for failure to do so.

A policy imposing tougher requirements on retired teachers not age discrimination.

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-09-21T14:36:15-06:00

In Law v. Thames Valley District School Board, the Ontario Human Rights Tribunal held a school board policy requiring retired teachers, but not new teacher's college graduates, to be certified in one or more of French, special education, music, or technology before they could be placed on the occasional teacher list was not discriminatory on the basis of age.

Mandatory retirement of Air Canada pilots at age 60 is bona fide occupational requirement

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-08-24T12:14:53-06:00

In Vilven and Kelly v. Air Canada and Air Canada Pilots Association, the Canadian Human Rights Tribunal dismissed a complaint by two Air Canada pilots alleging that the airline's mandatory retirement policy constitutes prohibited age-based discrimination under the Canadian Human Rights Act.

Employee or Independent Contractor?

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-07-27T11:52:00-06:00

The intention of the parties counts when determining whether it is an employer or contractor relationship.

Real Estate Agent Liable for Vendor Misstatement

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-06-29T10:57:30-06:00

In the case of Krawchuk v. Scherbak, the Ontario Court of Appeal held a real estate agent and her employer equally liable with the sellers for negligent misstatement in filling out a Seller Property Information Statement.

Law firm partner an employee, mandatory retirement breaches Human Rights Code

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-06-21T14:15:55-06:00

A judge has ruled that a partner in a large law firm is an employee for purposes of the B.C. Human Rights Code and can pursue a complaint that his forced retirement at age 65 constitutes age discrimination. The judge ruled that the fact that the lawyer had a business interest in the firm did not preclude a finding that, in substance, the lawyer's relationship with the firm was more akin to an employer/employee relationship than a business arrangement, thus attracting protection under the Code.

Congratulations West Wind Group of Companies!

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-05-26T13:55:52-06:00

West Wind Aviation was again designated as one of “Canada’s 50 Best Managed Companies.”

The Science of Why We Don't Believe Science

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-05-03T16:22:23-06:00

Cold hard facts and scientific evidence seldom change the minds of those who already hold a strong opinion.

F*ck you. Pay me.

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-04-08T17:32:45-06:00

Please forgive the title. I have copied it from the link you will find in the body of this blog.

Notice of Resignation

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-03-10T14:12:02-06:00

You cannot shorten a resignation date without cause.

Our Deepest Fear

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-02-25T14:05:08-06:00

Nelson Mandela quoted this from Marianne Williamson in his 1994 Presidential Inauguration speech.

Court Ruling on Same-sex Marriage Ceremonies

T. F. (Ted) Koskie, B.Sc., J.D. — 2011-01-10T10:25:29-06:00

The Saskatchewan Court of Appeal has ruled that possible legislative amendments that would allow marriage commissioners to refuse to perform same-sex marriage ceremonies were unconstitutional.

Copyrights & Trade-marks

T. F. (Ted) Koskie, B.Sc., J.D. — 2010-12-16T11:30:29-06:00

Copyrights and trade-marks cannot be seized pursuant to a Writ of Execution.

The Office Party

T. F. (Ted) Koskie, B.Sc., J.D. — 2010-12-12T15:08:02-06:00

Keep celebrations under control.

Anonymity Breeds Contempt

T. F. (Ted) Koskie, B.Sc., J.D. — 2010-12-05T17:05:09-06:00

People act morally because they lack the power to behave otherwise.

Court Rules on Deductibility of Statutory Entitlements

T. F. (Ted) Koskie, B.Sc., J.D. — 2010-11-30T16:12:12-06:00

The Saskatchewan Court of Queen’s Bench has ruled Workers’ Compensation Board benefits, and other statutory entitlements, should not be deducted from a monetary award for damages in lieu of notice.

Koskie Disagrees with Health Authority Chair

T. F. (Ted) Koskie, B.Sc., J.D. — 2010-08-14T19:37:34-06:00

Executives entrusted with significant responsibility should be able to organize their time well enough to take vacations.

Koskie Presents to County of Newell

T. F. (Ted) Koskie, B.Sc., J.D. — 2009-08-06T16:13:24-06:00

Koskie speaks on economic and cultural diversity and development.

Koskie Re-elected President of SSFS

T. F. (Ted) Koskie, B.Sc., J.D. — 2009-06-25T16:10:46-06:00

Koskie re-elected as President of Saskatoon Services for Seniors.

Koskie Presents to City of Brooks

T. F. (Ted) Koskie, B.Sc., J.D. — 2009-06-16T16:07:25-06:00

Koskie speaks on economic and cultural diversity and development.

Koskie Presents to WIB

T. F. (Ted) Koskie, B.Sc., J.D. — 2004-11-05T15:39:25-06:00

Koskie presents on business law tips.

Koskie Presents to SRPA

T. F. (Ted) Koskie, B.Sc., J.D. — 2005-04-07T15:37:22-06:00

Koskie presents on legislation, bylaws and conduct of meetings.

Koskie Presents to SKLESI

T. F. (Ted) Koskie, B.Sc., J.D. — 2005-06-02T15:35:20-06:00

Koskie presents on marketing and file management.

Koskie Presents to SKLESI

T. F. (Ted) Koskie, B.Sc., J.D. — 2006-05-18T15:32:33-06:00

Koskie presents on marketing, file management, communications and ethics.

Koskie Presents to NAFDMA

T. F. (Ted) Koskie, B.Sc., J.D. — 2007-02-12T15:29:59-06:00

Koskie presents at NAFDMA convention.

Koskie Presents to FCSSAA

T. F. (Ted) Koskie, B.Sc., J.D. — 2007-11-22T15:27:13-06:00

Ted Koskie presents on board governance and organization.

Koskie Presents to Ilarion Residence

T. F. (Ted) Koskie, B.Sc., J.D. — 2008-01-23T15:24:12-06:00

Koskie presents seminar on Powers of Attorney.

Koskie Presents to NSBA

T. F. (Ted) Koskie, B.Sc., J.D. — 2008-04-11T15:10:27-06:00

Koskie speaks out on new labour legislation.

Welcome!

T. F. (Ted) Koskie, B.Sc., J.D. — 2010-08-03T15:06:43-06:00

I intend to discuss matters. It is a new day.