Simon successfully defended his client at the Human Rights Tribunal of Ontario in a case involving an alleged discriminatory layoff following a maternity and paternity leave. This case highlights that not all layoffs or terminations following the end of a maternity and parental leave are discriminatory. The employee has to prove more than timing to…
In April of 2021, Simon was involved in a novel decision by the Ontario Human Rights Tribunal on whether the Ontario Human Rights Code applied to private property that was fractionally owned by numerous individuals. This case explained how the Human Rights Code applies to certain parts of private property but not others.A link to the ruling can be…
In November of 2020, Simon successfully defended a former employee of a defunct business from a finding of “directors liability” by the Ministry of Labour under the Employment Standards Act, 2000. Directors of corporation in Ontario can be statutorily liable for numerous employee issues including minimum entitlements under the Ontario Employment Standards Act, 2000. This case is…
Successfully defended a large retail truck dealership in an action for constructive dismissal in McMillan v. Seletrucks of Toronto Inc., (2011) ONSC 6128 (CanLII). A link to the ruling can be found here.
Successfully defended client in a Superior Court motion on appropriate venue in Wilcox v. Flintstone Glass & Mirror Ltd., (2009) ONSC 73279 (CanLII). A link to the ruling can be found here.
In 2009, Simon conducted a successful judicial review of a decision of an Adjudicator appointed under the Canada Labour Code for failing to provide the corporation procedural fairness in refusing to provide them the opportunity to cross examine witnesses and review documents. The decision under review was quashed and remitted back for reconsideration.A link to the ruling…
Successfully defended Ministry in a grievance challenging a just cause termination in Ontario Publc Service Employees Union v.Ontario (Finance), (2006) CanLII (ON GSB). A link to the ruling can be found here.