Allan Rouben

Damages for Mental Distress in Employment Law Cases after Keays v. Honda Canada Inc.

The purpose of an award of damages in a wrongful dismissal action is to compensate the employee for breach of the implied term of the employment contract to provide reasonable notice of termination. In the seminal case of Bardal v. Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.J.) McRuer, C.J.H.C. set out a list […]

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Clare’s Case: Labour Law, Duty of Fair Representation and Ontario Labour Relations Board

Background: Clare had been working for General Motors for 23 years before his termination. The company claimed that he had threated a supervisor after being told that a urine sample he had given was diluted. Clare denied the allegation and asked the Union, Canadian Auto Workers Local 222, to grieve the termination. He communicated frequently

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Heather’s Case: Appeals, Civil Litigation, Personal Injury and Rules of Civil Procedure

Background: Heather suffered serious medical problems from mould and other toxins present in Government owned housing in which she resided in the 1980’s. She hired a law firm to represent her in the proceeding. Unfortunately, they failed to take action within the limitation period for doing so, with the result that Heather had to seek

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F.A.’s Case: Criminal Law, Appeals, Sexual Assault and Ineffective Assistance of Counsel

Background: F.A. worked in a medical facility with a much younger female co-worker. There was flirting between them. They went out together one evening, meeting up in a park and later driving around in F.A.’s car. He said he had a surprise for her at the office so they parked close by. Instead of going

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Patrizia’s Case: Appeals, Civil Litigation, Negligence and Minimum Maintenance Standards

Background: Patrizia was driving to work early on a snowy morning in April. The roads in Milton were snow covered and slippery. Weather forecasts from the day before predicted an 80% chance of snow, yet the Town of Milton had not scheduled an evening patrol to monitor the roads and clear the snow. Tragically, as

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Lucia’s Case: Appeal, Civil Litigation, Jurisdiction and Forum non Conveniens

Background: Lucia resides in Ontario with her family, and was involved in a car accident in Michigan. She brought suit in the Ontario Superior Court of Justice against the driver and owner of the vehicle, as well as her own insurer given that the Michigan defendants claimed the accident was caused by an unknown vehicle.

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Disturbing Allegations

The Globe & Mail is reporting today on a case of alleged corruption involving participants in the Ontario justice system. The case started out as an investigation into fraud at Bombardier Inc. and has since expanded to include a member of the Ontario Provincial Police and a Toronto Crown Prosecutor. Included among the charges against

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