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AUDIO CONFERENCE
Instant Audio Update: The Supreme Court of Canada's Decision in Honda Canada Inc. v. Keays

WHEN:

Tuesday, July 8, 2008
12:30 p.m. - 2:00 p.m. EDT

Playback: Monday, July 14, 3:30 p.m. - 5:00 p.m. EDT

   
WHERE: Your own office or boardroom
   
MODERATOR:  
   

Pamela Chapman

Arbitrator/Mediator

   
PANEL:  
   

Anthony Griffin

Counsel
Ontario Human Rights Commission

 

 

Stuart Rudner

Counsel
Miller Thomson

 

 

Susan Ursel

Counsel
Green & Chercover

   

ISSUES:

On June 27th, 2008, the Supreme Court of Canada released its decision in the landmark case of Honda Canada Inc. v. Keays, 2008 SCC 39. In this case a wrongfully dismissed employee who suffered from chronic fatigue syndrome was awarded a record $500,000 in punitive damages by an Ontario Superior Court judge, an amount later reduced to $100,000 by the Court of Appeal. On appeal, the Supreme Court overturned the lower court's award of aggravated (Wallace-type) and punitive damages. The Court also made significant comments on the principles governing entitlement to damages in wrongful dismissal cases.

On Tuesday, July 8th, Lancaster House will present an instant audio update on this important decision featuring counsel who argued the case in the Supreme Court. Sign up now for this opportunity to hear a detailed review of the ruling and its potential effects in workplaces across Canada.

Questions to be discussed include:

  • What factors should courts consider in determining a reasonable notice period in cases of wrongful dismissal?
  • When does bad faith conduct in the manner of dismissal entitle an employee to additional "Wallace-type damages"? What kind of unfair or "bad faith" conduct is required to justify such an award?
  • What changes have been made to the way Wallace-type damages are to be calculated?
  • When will punitive damages be awarded in wrongful dismissal cases?
  • Can breach of human rights legislation amounting to discrimination give rise to a cause of action? Does a "tort of discrimination" exist that will support an independent claim for damages?
  • How will this decision affect the accommodation of chronic illnesses in the workplace?
  • When can the employer rely on the advice of medical experts in assessing accommodation options?
  • What constitutes harassment in the workplace and reprisal for asserting employee rights?
  • Can an employer refuse to deal with an employee's lawyer? What response is appropriate when an employee retains counsel?

Read the full text of the decision here.

 
Q & A: Gather your colleagues around a speakerphone in your own office or boardroom. Have the opportunity to ask questions in the Question & Answer portions of the sessions. An additional 15 minutes will be added at the end of the session for those who wish to continue with Q & A.
   
MATERIALS: Valuable, up-to-date materials and case summaries will be available for downloading from our website.
   
REGISTRATION FEE:

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.

 
CDs: Audio conference CDs, including a PDF copy of the materials from the conference, are available for $175 + GST per conference ($75 + GST for registrants). Click here to order.
 
REGISTRATION INFORMATION: When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at 416-977-6618 or register now.
Click here for registration information, or call
Lancaster House at 416-977-6618
 
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