representative work

Cassels Defeats Motion for Leave to Appeal to the Supreme Court of Canada in Landmark Employment Law Case

04/29/2019

In September of 2018, Cassels litigators won a landmark appeal in the Wood v. CTS of Canada Co. class action. That case concerned the interpretation of the “mass termination” provisions in Section 58 of the Ontario Employment Standards Act, which govern an employer’s obligation to notify the Ministry of Labour when terminating a prescribed number of employees within a short period of time.

The plaintiff class sought leave to appeal that decision to the Supreme Court of Canada, seeking a ruling that could have effectively rewritten employment law statutes across Canada by imposing much more strict common-law penalties for any delay in an employer’s failure to notify government officials of mass terminations.

Upon receiving the submissions from both parties, the Supreme Court of Canada refused to grant the plaintiff class leave to appeal. The result achieved by the Cassels Brock team at the Ontario Court of Appeal therefore stands, and remains the leading precedent on the conduct of mass terminations in Ontario.

The motion for leave to appeal to the Supreme Court of Canada was argued by Tim Pinos, Kristin Taylor and Jeremy Martin. The underlying appeal and summary judgment decisions were argued by Tim Pinos, Kristin Taylor, Caitlin Russell and Pamela Hinman.