Landmark Cases for Scher Law
Labour, Employment, Disability Benefits, Personal Injury and Human Rights Law
Nicolardi v. Canadian Tire Corporation et al., 2021 ONSC 3404 Defeat of a partial summary judgment motion to strike claims of intentional infliction of emotional distress and punitive damages against individual defendants who were co-workers of the Plaintiff in the context of a wrongful dismissal action.
Keays v Honda, 2005 CanLII 8730 (SCJ), var’d 2006 CanLII 33191 (ON CA), var’d 2008 SCC 39 (SCC) – Supreme Court’s Restatement of factors to be considered in assessment of notice and damages for bad faith in manner of dismissal and record trial award of $500,000 in punitive damages.
Brownson v. Honda, 2013 ONSC 896 (SCJ) – A summary judgment motion relative to not for cause termination during the course of a workplace investigation imbued by allegations of bad faith and unfair dealing
Casler v. CNR, 2012 FCA 135 (FCA) – judicial review of dismissal of human rights complaint and improper investigation
Skinner v. Canadian Elevator Welfare Trust Fund, 2018 NSCA 31 (NSCA) – Human rights challenge to benefit plan exclusion of marijuana
Barber v. SECCAC, 2013 HRTO 60 – Human rights challenge regarding access to community care
Matos v. Transplay, 2010 HRTO 2527 (OHRT) – hearing to determine whether the breach of a settlement condition was sufficient to give rise to a remedial order.
Turnbull v. Famous Players, 2001 CanLII 26228 (OHRT) – accommodation of people with disabilities in movie theatres and review of policy excluding people in wheelchairs from access to movie theatres
Lowe v. Guarantee Insurance, 2005 CanLII 80693 (OCA) – Creation of new cause of action against biased medical assessors
Lue v. TD, 2016 ONSC 9758 (SCJ) – complex motion to amend a claim in a personal injury litigation matter.
Re Clausen Drywall, 2005 Canlii 21390 (OLRB) – grievance regarding the production of documents relating to potential violations of a collective agreement
Constitutional and Health
Morlani et al. v. Haddara, 2021 ONSC 7288 Successful emergency injunction to prevent conduct of apnea test on a patient suspected to have experienced neurological death. The court affirmed the jurisdiction of the Consent and Capacity Board to define whether or not the apnea test represents a diagnostic procedure or treatment for which consent is required or whether it is a form of general assessment of a patient’s wellbeing for which no consent is required
Rasouli v. Sunnybrook Health Sciences Centre, 2013 SCC 53 (SCC). Requirement of Consent to withdraw life support services at end of life and implement palliative care
Carter v. Canada (Attorney General), 2012 BCSC 886 (BCSC), rev’d 2013 BCCA 435 (BCCA), rev’d 2015 SCC 5 (SCC). Constitutional challenge to Canada’s assisted suicide law
Bentley v. Maplewood Seniors Care Society, 2015 BCCA 91 (BCCA). Challenge regarding the scope of substitute decision legislation relating to prior wishes of legally incompetent senior
Scardoni v. Hawryluck, 2004 CarswellOnt 424, 2004 Canlii 34326 (SCJ). Role of proxy decision-makers in interpretation of prior express wishes in end of life decision-making
McKitty v. Hayani, 2018 ONSC 4015 (OntSCJ), var’d 2019 ONCA 805 (CA) – Constitutional challenge regarding legal definition of death
Ouanounou v. Humber River Hospital, 2018 ONSC 6511 (OntSCJ) – Constitutional challenge regarding legal definition of death
Cement v. the Ottawa Hospital¸ 2019 CanLII 47097 (CCB) – Constitutional challenge of doctor’s finding regarding opposition to a palliative treatment plan on the basis of religious belief
Ali v. Her Majesty the Queen, 2006 TCC 287 (TCC) – Constitutional challenge to income tax deductibility of natural health products
KK v. GD, 2007 Canlii 9758 (SCJ) – motion to vary child support and finding spouse in contempt regarding child access