Paul Brooks

Statutory Accident Benefits

• Urquhart and Zurich Insurance Company [OIC A96-00368, June 4, 1997] [Whether an insured person who continues to perform an activity, is continuously prevented from engaging in that activity]

• Morley and National Frontier Insurance Company [OIC A-006595, May 15, 1995] [Whether payment of a death benefit to surviving spouse precludes payment of death benefit to that spouse as a dependant]

Torts

• Nespolon v. Alford (1998), 40 O.R. (3d) 355 (Ont. C.A.) (Application for leave to appeal to Supreme Court of Canada dismissed January 21, 1999) [Teenagers transporting intoxicated friend in car, could not foresee risk to driver who suffered nervous shock after hitting and killing their friend]

Municipal, Land Use Planning and Administrative Law

• Elston v. Morris Township, [2001] O.M.B. No. 408 (QL) (J.R. Boxma) [Claimant not entitled to damages for injurious affection under Expropriations Act for damage caused by adjacent road improvement]

• Robinson v. Caradoc Township (1998), 40 O.R. (3d) 684 (Ont. Div. Ct.) [Municipality having authority to remove and demolish vehicles and material under property standards by-law]

• Howay v. Caradoc Township (1991), 6 M.L.P.R. (2d) 70 (Ont. Gen. Div) [Municipal residents were users required to pay water rates even if not connected to water system]

Employment and Labour

• Huron Commodities Inc. v Alexander, 2019 CanLII 11915 (CA LA) (H. Snow) [Employment Insurance Officer ruling of no misconduct prevents employer from alleging misconduct in subsequent unjust dismissal proceeding]

• Chen v. UWO Faculty Association, 2017 CanLII 29307 (O.L.R.B.) [UWOFA properly turned its mind to whether it had a duty to represent Dr. Chen and did not breach s.74]

• Boucher v. Black & McDonald Ltd. (2016) ONSC 7220 (Ont. Div. Ct.) [Employment was not frustrated, and employee entitled to human rights award and wrongful dismissal damages]

• Caskanette v. Bong-Keun Choi Dentristry (2016) ONSC 5641 (Ont. Div. Ct.) [Employee's insubordination warranted discipline not dismissal]

• Baldor Electric Canada Inc. v. Baldor Electric Canada Inc. Employees' Association (October 10, 2014) [Employee's gross insubordination warranted discipline not dismissal]

• Chang v. Busvek (2014) ONSC 1790 (Ont. S.J.C.) [Associate dentist's decision to work for senior dentist while he organized his future practice was not cause for dismissal]

• Payne v. Bank of Montreal (2013) FCA 33 [Appellate counsel at Federal Court of Appeal for dismissed employee. The Court of Appeal restored an adjudicator’s decision, finding that the adjudicator’s reasons relating to unjust dismissal satisfied the Dunsmuir criteria.]

• UWO Staff Association v. UWO, LHSC et al 2013 CanLII 2133 (O.L.R.B.) [Board declined to grant application for a declaration that the responding parties were one employer for the purposes of the Act]

• DeBoer v. CPC Logistics Canada Limited (2010) C.L.A.D. No. 282 (R. Verity) [Employee failure to provide information about health status during absence warranted discipline not dismissal]

• Payne v. Bank of Montreal (2009) C.L.A.D. No. 374 (R.H. McLaren) [Bank manager not excluded from making unjust dismissal claim]

• McLaughlin v. Looby Construction Ltd., (2006) 47 C.C.E.L. (3d) 289 (Ont. S.C.J.) [Employee and employer conducted themselves in accordance with employee retiring and employment was not terminated by employer]

• Oliver v. S.M. Freight (2005) O.J. No. 42695 (Ont. S.J.) [Employee’s unauthorized four-week absence from work warranted discipline, not dismissal]

• Fox v. Bank of Nova Scotia (2002), 21 C.C.E.L. (3d) 172 (R. Verity) [Bank manager excluded from making unjust dismissal claim]

• W. Van Erp Masonry Inc. et. al 2000 CanLII 1749 (O.L.R.B.) [Responding contractors were not associated or related nor was there a sale of a business within the meaning of the Act]

• Keeler v. Bank of Nova Scotia (1997), 29 C.C.E.L. (2d) 282 (R.H. McLaren) [Bank manager excluded from making unjust dismissal claim]

• 694643 Ontario Limited c.o.b. as O’Connor Electric, [1995] O.L.R.B. No. 4180 (QL) [Experienced contractor becoming employee of inexperienced, non-union contractor, insufficient to make companies associated for labour relations purposes]

• Novosel v. Riegl (1993) 46 C.C.E.L. 245 (Ont. Gen. Div.) [Plaintiff constructively dismissed by employer conduct and actions]