Employment Law

03 Mar Employment Law

2021-09-07: The Federal Court of Canada granted our client’s request to dismiss the Minister of Public Safety and Emergency Preparedness’s mootness motion. The court also dismissed the Minister’s request to vacate its production order, compelled the Minister to comply with it and, among others, denied its request for cost.

2021-08-09: The Lawyer’s Daily publishes Mr. Chsherbinin’s article, entitled A Distinction between Legal Fees and Expert’s Fees.

2021-07-06: The Ontario Labour Relations Board released a 45-page decision, granting our client’s (tenured professor with 49 years of experience) duty of fair representation application.

2021-07-21/22: The Lawyer’s Daily publishes Mr. Chsherbinin’s article, entitled Common Employer Doctrine and Corporate Separateness.

2021-05-05: The Lawyer’s Daily publishes Mr. Chsherbinin’s article, entitled Are Covid Layoffs Constructive Dismissals? Maybe.

2021-04-16: The Canadian Human Rights Tribunal released the liability decision awarding our client nearly maximum permissible amounts for pain and suffering damages: $18,000 (out of $20,000 permissible by statute) and $15,000 (out of $20,000) for special (punitive) damages, making its total award almost $100,000.

2021-03-08: The Ontario Ministry of Labour (Employment Standards Branch) found that the employee’s failure to return to work because of his fear of contracting and passing COVID-19 virus to his parents amounted to a willful neglect of duty. The ESA Officer was persuaded that the employee’s self-isolation does not constitute “providing care or assistance” to his parents. As a consequence, the ESA Officer found that our large corporate client is not required to pay termination pay and severance pay to the employee.

2021-03-10: The Lawyer’s Daily publishes Mr. Chsherbinin’s article, entitled The Duty of Courts to Give Adequate Reasons.

2021-02-16: The Court of Appeal for Ontario issued a 33-page decision, which deals with a number of employment, civil litigation and civil procedure issues, ranging from the court’s jurisdiction on appeal from various orders (ie final and interlocutory), oppression to causes of action under s. 81 of the Employment Standards Act, 2000 and s. 131 of the Ontario Business Corporation Act. The court determined that individual directors can be personally sued for unpaid wages under s. 131 of the OBCA, but not under s. 81 of the ESA. Our client was successful on appeal.

2021-02-04: The Lawyer’s Daily publishes Mr. Chsherbinin’s article, entitled Post-dismissal Misconduct Grounds for Just Cause.

2021-01-06: The Lawyer’s Daily publishes Mr. Chsherbinin’s article, entitled Unionized Employees’ Access to Civil Courts.

2020-10-21: After – 7 years of litigation – 13 days of contentious hearings – 11 witnesses – a motion to exclude an expert witness – a mistrial motion – a motion for recusal – the Tribunal’s member abdication & disappearance – and a 44.8 months delay in issuing a decision, the Canadian Human Rights Tribunal ruled in our client’s favour on the issue of discrimination due to disability and John Grant Haulage Ltd’s failure to accommodate it.

2020-10-06: The Lawyer’s Daily publishes Mr. Chsherbinin’s article, entitled Waiver of Solicitor-Client Privilege: Not so Fast!

2020-09: The Advocates’ Quarterly publishes Mr. Chsherbinin’s article, entitled A Tale of Two Orders: Final or Interlocutory?

2020-02-21: On February 21, 2020, Mr. Chsherbinin successfully defended trial decision on appeal in the Divisional Court. The court upheld the trial judge’s judgment dismissing a claim for wrongful dismissal and confirmed that the termination clause was valid and enforceable. The court also awarded $10,000 in costs in our client’s favour.

2020-01-10: On January 12, 2020, at 11 a.m., Mr. Chsherbinin will be “live” on Radio-Plus Toronto, answering employment and immigration-related questions.

2019-12-14: On December 14, 2019, Mr. Chsherbinin brought an emergency injunction and persuaded the Federal Court of Canada to stop his client’s deportation, being a rarely granted extraordinary, discretionary relief of an equitable nature.

2019-11-01: Mr. Chsherbinin spoke at the 20th Employment Law Summit, organized by the Law Society of Ontario, on the topic “Summary Judgments in Employment Cases.”

2019-09-11: The Federal Court granted judicial review of a negative Humanitarian & Compassionate decision.

2019-06-20: Mr. Chsherbinin will be speaking at The Six-Minute Employment Lawyer conference on the topic of Restrictive Covenants in Employment Law.

2019-04-15: The Law Times features Mr. Chsherbinin’s article “A New Category of Punitive Damages.”

2019-02-25: The Law Times publishes Mr. Chsherbinin’s article “Offers of Re-employment in Constructive Dismissals”.

2018-10-11: The Law Times features Mr. Chsherbinin’s article “Deducting Pension Benefits in Wrongful Dismissals.”

2018-9-17: The Law Times publishes Mr. Chsherbinin’s article “Rescinding an Accepted Notice of Resignation.”

2018-9-12: The Lawyer’s Daily publishes Mr. Chsherbinin’s article “Employment Discrimination based on Citizenship.”

2018-8-20: The Law Times publishes Mr. Chsherbinin’s article “Impermissible Subdivision of a Termination Clause.”

2018-6-29: The Lawyer’s Daily publishes Mr. Chsherbinin’s article “Withdrawal of an Uninformed Guilty Plea.”

2018-6-4: The Law Times publishes Mr. Chsherbinin’s article “Former Employer Liable for Undiscovered Claims.”

2018-5-30: The Lawyer’s Daily publishes Mr. Chsherbinin’s article “Habeas Corpus and the Immigration Detention of Non-citizen.”

2018-5-29: Mr. Chsherbinin will speak at the B’nai Brith Trusts and Estate Seminar “Estate Tax Planning Gone Awry”. His topic is: legal concepts, issues and pitfalls that arise from the dismissal of a family member in the context of a family business. For more information, read here.

2017-10-02: Mr. Chsherbinin’s article titled “Without Prejudice” Offers in Wrongful Dismissals” has been published in the Law Times. It discusses three exceptions to the general rule prohibiting references to “without prejudice” settlement offers.

2017-9-30: In the context of immigration litigation before the Federal Court, Mr. Chsherbinin’s persuaded the Department of Justice to concede that a Narobi-based visa officer committed a reviewable error when he dismissed his client’s application for a study permit. The case has been referred back for reconsideration.

2017-8-7: Mr. Chsherbinin’s article titled “Dishonesty and Just Cause Dismissal” has been published in the Law Times. It discusses whether a single act of dishonesty may constitute cause for dismissal.

2017-7-24: Mr. Chsherbinin persuaded the Federal Court to certify a question of “general importance” in Bousaleh v. Canada, 2017 FC 716, being a rare procedural event that allows this matter to proceed to the Federal Court of Appeal.