On June 27, 2008, the Supreme Court of Canada released its long awaited decision in Honda v. Keays, 2008 SCC 39. The trial and appeal decisions were controversial enough that many were expecting the Court to provide significant guidance on how to lawfully terminate employees with “invisible” disabilities. Instead, in a very unexpected decision, the [...]

The Supreme Court’s recent decision in Keays v. Honda Canada, 2008 SCC 39, (summarized by Solomon Lam here) was a major victory for employers everywhere. In reducing both aggravated and punitive damages to zero, the Supreme Court of Canada has effectively deemed that Honda’s conduct, while harmful, was not egregiously harmful. It is worth remembering [...]

Last Wednesday, the Supreme Court heard the case of Honda v. Kevin Keays, a wrongful dismissal case dealing with the appropriate compensation for discrimination and harassment for employees with disabilities. One of the interveners in the case is Women’s Legal Education and Action Fund (LEAF), which has been kind enough to post its factum on [...]

The rise of human rights obligations and, in particular, the emergence of the duty to accommodate, has become the single most significant workplace legal development over the past twenty years. What was once a one-way street of settled prerogatives belonging largely to the employer has become, after the human rights tipping point in the early [...]

An important employment law case is on its way to the SCC. Leave was recently granted in Keays v. Honda Canada Inc., a wrongful dismissal case that readers should add to their “must watch” list of cases pending before the SCC. Kevin Keays, who worked in the Quality Engineering Department at Honda Canada and was [...]