A Place for Mediation Inc.

Before you litigate, always mediate.


Presently writing "Footsteps between the rooms. How to use shuttle Mediation effectively". This almost complete one-hundred-and-fifty-page manuscript details the process engaged to try to convert an offer from one side into a palatable offer to the other Side in order to maintain the process during his steps between the different rooms

Progressive Memory Change over time and its effect on Sequential Recall- In MVA's

Authored by Bruce Ally, Agnes Kaufman & Laura Pursianan This 0ne hundred- and fifty-page document is currently being submitted for publication The work focuses on the sequelae of motor vehicle accidents It explores the traumatic effects of an accident on the brain It focuses on the effect of delayed symptom recollection And has a special on different cultural populations

Focus: Time to re-evaluate the Mandatory Mediation Program

Published in the Law times 11th, April 2016 Article examining the state of the Mandatory Mediation Program in Ontario Quoting Me as the expert on how to improve the mandatory mediation program and the mediation industry in general

Comparing Apples to Oranges an examination of the misapplication of the Statutes of Accident Benefits written in 2011 updated 2016 This thirty-five-page treatise by Bruce Ally and Kevin Stapely It details the major considerations in the no-fault insurance system. It considerations of how the Province has interfered with a functional system It explores the consequences of politically favoring one side And it explores the proposed changes and explores how it would potentially increase in dysfunction currently being experienced in the system

Progressive Discipline the Misunderstood Frontier self- published article written by Bruce Ally & Azad Daraksian Detailing the steps involved in progressive discipline The common mistakes made in termination &How to avoid these errors Revised and updated in 2017 by Bruce Ally & Maurice Ford

Sympathy for the Devil: Revisiting the situation of the Alleged Culprit in Professional Disciplinary Processes Ontario Professional Surveyor Magazine winter 2012 Authored by Bruce Ally and Khaleel Khan This article deals with the impact of an allegation being made against a regulated Professional It was reprinted in Spring 2013 in the Saskatchewan Land Surveyors Journal

Workplace Fairness Institute Journal 2010 Bill 168 and its implications for Small Business By Bruce Ally & Sabrina Crucini This article examines recent changes to the laws governing employment in Ontario It analysis the impact of these changes on Small Business enterprises

Workplace Fairness Institute Journal 2010 Bill 168 and its effect on Non-Profits and Charities By Sheryl Beckford LLB, LLM & Bruce Ally This article examines recent changes to the laws governing employment in Ontario An analysis the impact on Not For profits and Charities

Hijacked by Ulterior Motives The manipulation of the Mandatory Mediation Process By Bruce Ally & Leah Barclay Self- published article commenting on the Mediation Process Making it mandatory left it vulnerable to manipulation by either side The need for constant vigilance and updating the program Uploaded to Research Gate 2019

Canadian Council for Family Rights, Mandating Mediation, 1992 Connexions the magazine of the association An article on the value of mandating mediation as a solution to the current adversarial process.

The Federation of Indian Students at (York University) While I was a student at the university, I actively wrote numerous articles on Human Dynamics which were included in their publication in FIST, Article on Reconstructive Therapy, a Short-Term Modality of Psychotherapy and its Application to Cross-cultural Counselling", published by Guidelines Magazine, University of Saskatchewan in Saskatoon, to train guidance counsellors in the Province of Saskatchewan 1991 Numerous publications in Muslim Time, a magazine at York University devoted to encouraging dialogue and cultural adaptation of Muslims to the demands of life in Canada

Psychosocial Effects of Indo-Caribbean Migration to Toronto," published by the University of Toronto Department of South Asian Studies1990,

"Parents Without Partners," Phoenix Chapter, an article on the value of mediation in newly separating couples 1991

Ebony the magazine of Black/ethnic people in Canada, February 1993

Article on some of the mistakes made in the assessment of black and ethnic people when the process was carried out by untrained and insensitive professionals of the dominant culture

Caribbean Times Magazine, 1992 - 1993 Ongoing writer on various topics relevant to the Caribbean Community in Canada, including access to fair trials and accurate appropriate medical services as well as Marital and couple difficulties being experienced in their new homeland given that they did not have their familiar support structures and suggestions as to how to overcome them

Employment Case Law

Finding Cause
In Geluch v. Rosedale Golf Association, 2004 CanLii 14566 (ON SC), the Court held hat the “employer must prove cause on the balance of probabilities, based on a finding of real incompetence or misconduct, rather then simple dissatisfaction.”

Standard of Cause
In the case of Lowery v. Calgary (City of), 2002 ABCA 237 (CanLII), it states that an employer must use multiple alleged incident to find cause, the court cites Atkinson v. Boyd, Phillips & Co. Ltd. 1979 CanLII 478 (BC CA), (1979), 9 B.C.L.R. 225, which gives guidelines with 4 points
  1. The employee was given express and clear warnings about his performance.
  2. The employee was given a reasonable opportunity to improve his performance after the warning was issued.
  3. Notwithstanding the foregoing, the employee failed to improve his performance.
  4. The cumulative failings “would prejudice the proper conduct of the employer’s business."

Lateness for Cause
In the case of S.S. v. Huang & Danczkay Property Management Inc., 1999 CanLII 14865 (ON SC), it was found that in cases where lateness was cause for dismissal, the employer must demonstrate that lateness was prejudicial to it’s operations, or that it had warned the employee sufficiently to allow the employee to correct the behaviours and failure to do so has been treated as a repudiation of the employment agreement.

Prior misconduct
In the case of S.S. v. Huang & Danczkay Property Management Inc., 1999 CanLII 14865 (ON SC), the court recognized that misconduct of an employee that was not met wit a dismissal cannot then rely on that misconduct for future allegations. This was supported by the Ontario Court of Appeal in Nossal v. Better Business Bureau of Metro Toronto Inc. 1985 CanLII 1980 (ON CA), (1985), 19 D.L.R. (4th) 547 (Ont. C.A.), in which states an employer may not discharge an employee on the basis of previous misconduct that which was not previously met with a dismissal.

Mental Illness & Cause In the case of Rivest v. Canfarge Ltd., 1977 666 (AB QB)., the plaintiff had suffered mental strain because of job duties and responsibilities. The plaintiff missed three consecutive workdays and as a result was terminated. The court held that plaintiff suffered from a real and substantive illness and as such the defendant could not dismiss the plaintiff without sufficient notice.
Source 1, Source 2

Poor Economic Conditions Not Just Cause
According to Morris v Sperry Inc. an employee returned to work after medical leave and found out her position had been filled, while the employer had not created a new position for the employee due to economic reasons. It was found that the employer did not have just cause for dismissal because of economic reasons.

Workplace Violence (Slap) not Just Cause
In the case of Shakur v. Mitchell Plastics, 2012 ONSC 1008 (CanLII), a Division of Ultra Manufacturing Ltd. it was found that Shakur, which had a clear disciplinary record, was not dismissed with just cause for his actions of slapping another co-worker during a verbal altercation. Ontario Superior Court Judge David Broad went states that Shakur actions however improper they may have been did not justify an outright dismissal. Shakur Award = four and a half months pay in lieu of notice.

Workplace Violence (Push) not Just Cause
In the case of
Gjema v. Mercury Specialty Products Inc., 2012 MBQB 83 (CanLII) it was found that Gjema, which was the manager, was dismissed without just cause for his actions of pushing a defiant and aggressive subordinate. It was found that a dismissal was overly excessive and disproportionate. Gjema Award = year’s severance pay.


Mitigating damages through second job
In the case of Watson v. Summar Foods Ltd., 2006 CanLII 38233 (ON SC) an employee had a full time and an additional part time job. After being terminated from her full time job it was found that the employee not working more hours at her part time job post termination was not adequate enough to conclude she failed to mitigate her damages.

Punitive Damages
According to Nelson v 977372 Ontario Inc, 2013 CanLII 41983 (ON SCSM) not issuing a Record of Employment (ROE) and refusing to pay statutory minimums is reason for punitive damages to be awarded.

Economic Cutback Termination/Damages
According to Collin v Kappele, Wrigh & Macleod Ltd., an employer was alleging an employees termination was because of conflict in personality and a lack of punctuality. Court found that the true reason for termination was because of economic cutback: plaintiff was then entitled to damages.

Disability Termination

In case Wilson v. Solis Mexican Foods Inc., 2013 ONSC 5799 (CanLII) at para. 56 the court states a decision to terminate an employee based in whole or in part on the fact that an employee has a disability is discriminatory contrary to the Code. If an employer regards disability as a factor justifying termination (or other negative treatment), the employee in question is not receiving “equal treatment...without discrimination”

Duty to investigate discrimination
In the case of Stillo v. Toronto Transit Commission, 2011 HRTO 2143 (CanLII), at para. 29 it states “ I fully accept that respondent has duty to investigate complaints of discrimination or harassment; that the duty to investigate is the means by which an employer ensures that it is achieving the Code mandated responsibility of operating a discrimination-free environment.”

Gender based termination
According to
Wedley v. Northview Co-operative Homes Inc., 2008 HRTO 13 (CanLII), even when there are legitimate bases for terminating the complainant’s employment, if one of the considerations is related to a protected ground under the Code, her being gender, then the termination will be held to be a violation of the Code.

Resignation Requirements

The Ontario Court of Justice (General Division) in the case of Skidd v. Canada Post Corporation, 1993 notes that an effective resignation must be clear and unequivocal.

In the case of Beggs v. Westport Foods Ltd., 2011 BCCA 76 (CanLII) it is noted that resignation must meet the requirement of both subjective and objective tests. For example whether the employee intended to resign and whether employees actions supports that they resigned.

Employee statement not sufficient to conclude resignation “I'm out of here”
In the case of Balogun v. Deloitte & Touche, LLP, 2011 BCSC 1314 (CanLII) it was found that an employee’s comment of “I'm out of here” was not sufficient for an employer to presume the employee had resigned. Balogun Award = two month’s salary in lieu of reasonable notice of termination.

Employee statement not sufficient to conclude resignation “slap in the face”
In the case of Kieran v. Ingram Micro Inc., 2004 CanLII 4852 (ON CA) an employee (Kieran) commented on a rival getting promoted by saying, it would be a slap in the face, and would require an international transfer. The court Ontario Court of Appeal ruled that this comment was insufficient to be considered a resignation.

Reasonable Notice

In the case Bardal v. Globe & Mail Ltd., [1960], O.J. No. 149 (Ont. H.C.J.) it states, “there can be no catalogue laid down as to what is reasonable notice in particular classes of cases. The reasonableness of the notice must be decided with reference to each particular case, having regard to the character of the employment, the length of service of the servant, the age of the servant and availability of similar employment, having regard to the experience, training and qualifications of the servant.”

In the case of Margo and Sobeys Inc. it is argued whether or not 16 months notice was reasonable for a 56 year old, which Sobey’s had employed for 23 years as a Maintenance Clerk. In this case they use the below case law to argue it was reasonable notice.

In the case of Rubin v. Home Depot Canada Inc., 2012 ONSC 3053 (CanLII), the court held that 12 months was reasonable notice for a 63 year old employee with approximately 20 years of service working as a Competitive Shopper.