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Author Archive for Jennifer Cantwell

Keays v. Honda

December 28th, 2006 | By Jennifer Cantwell | Posted in Commercial Litigation, Employment Litigation

In March of 2006, the Ontario Superior Court of Justice awarded Kevin Keays a record $500,000 in punitive damages, in addition to 24 months pay in lieu of notice, after Honda terminated Keays’ employment for frequent work absences due to chronic fatigue syndrome. On September 29, 2006, the Ontario Court of Appeal held that the punitive damages awarded by the Superior Court should be dramatically reduced from $500,000 to $100,000. The Court of Appeal otherwise dismissed Honda’s appeal of the Superior Court decision and, in doing so, rejected Honda’s allegations of bias against the trial judge.

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The cross-border woes of Conrad Black – the dilemma of differing approaches to self-incrimination in Canada and the US.

June 13th, 2006 | By Jennifer Cantwell | Posted in Arbitration, Commercial Litigation, Disputes within Companies and Partnerships

Conrad Black and other officers and directors of Ravelston must attend to be examined under oath, even though there is a risk that their evidence could be used against them in criminal proceedings in the US , the Ontario Court of Appeal ruled in November 2005.[1] This case highlights a serious conflict between the Canadian [...]

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The Sears decision: much needed clarification or just spinning our wheels?

March 3rd, 2005 | By Jennifer Cantwell | Posted in Competition Law, Marketing Practices and Telemarketing

On January 24, 2005 , the Competition Tribunal determined that Sears Canada Inc. violated the ordinary selling price provisions of the Competition Act (subsection 74.01(3)).[1] In light of the recent success of the Competition Bureau in obtaining hefty administrative monetary penalties (“AMP”) under the ordinary selling price provisions, and the Bureau’s controversial non-binding Guidelines on [...]

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