Ted's Blog

Highest Punitive Damages Award In Canadian Jurisprudential History

The 2023 decision of the Ontario Court of Appeal in Baker v Blue Cross Life Insurance Company of Canada, 2023 ONCA 842 is officially the highest punitive damages award in Canadian jurisprudential history. The Court of Appeal upheld the jury's award of $1,500,000 in punitive damages against Blue Cross Insurance Company of Canada due to their "pattern of misconduct that, at best, shows reckless indifference to its duty to consider [Ms. Baker's] claim in good faith and conduct a good faith investigation, and at worst, demonstrates a deliberate strategy to wrongfully deny her benefits, regardless of the evidence that demonstrated an entitlement". Read More...

Navigating The Future Of Remote Work

Remote Work
Remote work continues to evolve, as digital nomads and a variety of hybrid work arrangements become permanent features of many workplaces. These arrangements create new operational and legal compliance challenges for employers. It has become critical for employers to be able to mitigate risks associated with remote work and hybrid work environments, while at the same time achieving the flexible workplace objectives that have become table-stakes for employees in many settings.

Employee preferences may not be the only driver of remote work today, as organizations have also recognized that it has certain benefits, especially since the pandemic. Even as adjudicators grapple with novel issues that continue to arise from remote work arrangements, organizations must aim to balance their business decisions against important legal considerations.