2024 ONSC 3908
- Issue: Mr. Howell sued for denial of long-term disability (LTD) benefits and alleged misrepresentation by his employer, Transport Canada (TC), and supervisor, Francois Collins.
- Key Findings:
- The court found that claims against TC and Collins, including misrepresentation and emotional distress, were grievable under the Federal Public Sector Labour Relations Act (FPSLRA), barring the court's jurisdiction under s. 236 of the Act.
- Claims against TC and Collins were stayed.
- The case against Sun Life (the insurer) for denial of LTD benefits could continue.
- Outcome: No damages awarded; claims against TC and Collins stayed.
2025 ONSC 113 (Costs Decision)
- Issue: Costs determination following the successful motion by the Attorney General of Canada (AGC) to strike the claims against TC and Collins.
- Key Findings:
- AGC sought substantial indemnity costs of $18,139.15. The court reduced this to $8,468, citing fairness and proportionality.
- Costs were awarded on a partial indemnity basis, reflecting the complexity and importance of the issues without penalizing the Plaintiff excessively.
- Outcome: Plaintiff ordered to pay $8,468 in costs to AGC.
Final Outcome Based on Both Decisions:
- Claims against TC and Collins are dismissed but grievable under FPSLRA.
- Sun Life remains a party in the litigation regarding LTD benefits.
- Plaintiff owes $8,468 in costs to AGC.
