Labor & Employment Law

Setting the Stage for the Keays v. Honda Case

By Michael Fitzgibbon

As I mentioned the Supreme Court of Canada will release its decision in Keays v. Honda this morning.  There's an article in today's Ottawa Citizen that lays out some of the issues.  Clearly, the most watched is what the Court will do with the immence punitive damages award ($100,000 at the Court of Appeal, though Gouge, JA would have affirmed the trial judge's award of $500,000). 

But there are other issues that will have significant implications for the employment law community:

• Will the Court establish an cause of action for breach of human rights legislation that can be pursued civilly?
• Can a breach of human rights legislation found an independent actionable wrong for purposes of a claim for punitive damages?
• What will the Court do with the 9 month Wallace award?

Lots of meaty issues will, hopefully, be clarified in a few hours.  Here is some background information on the lower court judgments.

Update:  The SCC's decision in Keays v. Honda is now available and an article appears in the Globe and Mail entitled Supreme Court erases punitive damages in dismissal case in which I was quoted.  This case promises to generate considerable discussion in the days and weeks ahead as we all digest the significance and subtleties.

Full post as published by Thoughts from a Management Lawyer on June 27, 2008 (boomark / email).