Noted Decisions
The following is a list of decisions in which Ken has acted as counsel or co-counsel:
Talbot v. Nourse, 2019 ONCA 436
Ken and Kristopher Stone were co-counsel and successfully argued that their client was entitled to receive funds in the amount of $202,000 owed to their client by a former employer for services provided based on the common employer theory.
Nufrio v. Allstate Insurance Company of Canada, 2017 ONCA 948
Ken and Kris were successful in overturning a trial decision against a client who would have also had to pay $60,000 in costs for the trial. On appeal, their client was found to have been wrongfully dismissed and received $60,000 in costs for the trial and $7,500 for the appeal.
Bakshi v. Global Credit & Collection Inc., 2017 CarswellOnt 10124
Between 2016 and 2017 Ken was co-counsel with respect to a summary judgment motion in a class action lawsuit on behalf of the representative plaintiff.
Jajj v. 100337 Canada Ltd., 2014 CarswellOnt 1216
Ken was successful in resisting injunctive relief against his clients, specifically a non-compete and Mareva injunction which if granted would cause his clients’ business to be shut down.
Ali Tahmourpour v. Attorney General of Canada, 2013 CarswellNat 852
Ken was retained to prepare an application for leave to appeal to the Supreme Court of Canada from a Federal Court of Appeal decision involving workplace discrimination.
Bennett v. Cunningham, 2012 ONCA 540
Ken successfully represented an employer who had fired an employee for just cause ultimately winning the case for his client at the Ontario Court of Appeal.
Corless v. KPMG LLP, 2008 CarswellOnt 4708
This was a motion for the certification of a class proceeding and the approval of a settlement agreement. Ken and his co-counsel were able to obtain a favorable result for the representative plaintiff and thousands of other employees of KPMG LLP.
Myrtezaj v. Cintas Canada Ltd., 2008 ONCA 277
In this matter Ken represented an employee who was allegedly constructively dismissed as a result of having his wages reduced, workload increased, and being subject to abuse and harassment as a result of being under suspicion that he was a union organizer.
Allstate Insurance Co. of Canada v. Larocque, 2008 CarswellOnt 2152
In this matter before the Ontario Court of Appeal, Ken was successful in preventing Allstate from obtaining an injunction against Larocque, winning the motion, and obtaining a significant cost awards for his client.
Abbott v. Bombardier Inc., 2007 ONCA 233
In this matter Ken represented a group of employees who were attempting to sue Bombardier under the Employment Standards Act after it sold part of its information technology division to another company which became their employer.
Butler-Lynch v. Dr. Roz’s Healing Place, 2007 CarswellOnt 8653
Ken successfully represented the plaintiff, Ms. Butler-Lynch in her wrongful dismissal claim against her former employer extending the pay in lieu of notice period she was entitled to by an additional two months as a result of the manner in which she was wrongfully dismissed.
Harris v. Yorkville Sound Ltd., 2005 CarswellOnt 7266
Ken successfully represented a client who was found to have been wrongfully dismissed and who had her notice period extended as a result of the manner in which she was dismissed by her employer.
Montreal Trust Co. of Canada v. Call-Net Enterprises Inc., 2004 CarswellOnt 670
In this matter Ken was co-counsel on behalf of an executive in a dispute involving a purported change of control of a corporation in accordance with a change of control agreement.
Marshall v. Watson Wyatt & Co., 2002 CarswellOnt 962
Ken was co-counsel representing the respondent employee in an appeal by her former employer to the Ontario Court of Appeal. Ken won on 4 of 6 issues on appeal and the Court upheld the bulk of the monetary award ($394,884.52) Ms. Marshall had won at trial.
Beaird v. Westinghouse Canada Inc., 1999 CarswellOnt 846
Ken represented an employee who had been fired after being injured at work at both trial and on appeal before the Ontario Court of Appeal. The cost award received by the employee who was successful at trial was upheld on appeal.
Heynen v. Frito-Lay Canada Ltd., 1997 CarswellOnt 4416
Ken successfully represented an employee who had been jailed for a short period of time by winning a wrongful dismissal action against a former employer and the employer’s subsequent appeal.