Champ & Associates’ lawyers are seasoned advocates, regularly appearing before all levels of court, including the Supreme Court of Canada. The litigators at Champ & Associates frequently represent employees in high-profile cases, often up against some of Canada’s largest and most powerful institutions, and have successfully established precedents in many areas, including Charter rights, discrimination, disability law, access to information, prisoner rights, privacy, cross-border employment, and occupational health and safety.
EMPLOYMENT LAW
1760465 Ontario Ltd. v. 5010520 Ontario Inc., 2019 ONSC 6573
Non-competition injunction against former employees denied
Morison v Ergo-Industrial Seating Systems Inc., 2016 ONSC 6725
Court awards $50,000 in punitive damages and lost commissions to office chair salesmen fired in bad faith.
Brooks v. Conference Board of Canada, 2015 ONSC 4087
Court awards six months’ pay to a terminated employee with two-and-a-half years of service.
Martin v. Canada (2005) 334 N.R. 43, 2005 FCA 156
[Occupational Health and Safety] Park wardens performing law enforcement duties without a sidearm are placed in danger by their employer.
Cross-Border Employment
Newton v. Larco Hospitality Management (2005), 75 O.R. (3d) 42 (Ont.C.A.)
Hotel manager transferred from Ottawa to Las Vegas before being dismissed has the right to sue in Canada because Canadian law treats employees more fairly.
Human Rights in the Workplace
Halladay v. Manufacturers Life, 2020 ONSC 2802
Time limit to commence an action for LTD benefits is extended during the insurer’s appeal process.
McCarthy v. Caesar’s Plumbing and Heating, 2014 HRTO 1795
Damages awarded against plumbing company that terminated and failed to accommodate sewer truck driver with a disability.
Halvorsen v. Human Resources Development Canada, 2004 FCA 377
Denial of benefits under Workers Compensation does not mean an individual is also disentitled to Canada Pension Plan disability benefits.
Federal Employment
RCMP & CANADIAN FORCES
Fraser v. Canada (Attorney General), 2020 SCC 28
RCMP discriminates against female RCMP officers by denying pension credits when temporarily working reduced hours to care for children.
100002140744 (Re), 2014 CanLII 98139 (CA VRAB)
Veteran’s Review Board awards full disability entitlement to injured solider.
Boogaard v. Canada (Attorney General), 2013 FC 267 (CanLII)
RCMP fails to deal with harassment complaints in a timely manner.
Tahmourpour v. Canada (Attorney General), 2010 FCA 192
Racial discrimination in RCMP training.
Stopford v. Canada, 2003 FC 994
Court finds government may owe a fiduciary duty to injured soldiers.
Stenhouse v. Canada (Attorney General), [2004] 4 F.C. 437
Termination of RCMP whistleblower overturned due to bias of RCMP Commissioner.
Federal Public Service Employment
Turner v. Canada Border Services Agency, 2014 CHRT 10
CBSA denies border officer job to man on the grounds of race and perceived disability.
Deputy Minister violated Public Service Employment Act by staffing Foreign Service positions in the absence of a lawful deployment policy.
Sabourin v. House of Commons, 2006 PSLRB 15 (CanLII)
Employee’s right to privacy is violated when an employer carries out video surveillance without reasonable and probable grounds.
Cheney v. Canada (Attorney General), 2005 FC 1590, 48 Admin. L.R. (4th) 190
Job competition tainted by bias against fire inspector who filed a harassment complaint.
Canada (Attorney General) v. Grover, 2007 FC 28, aff’d 2008 FCA 97
Employers cannot demand that sick employees be examined by doctors chosen by the employer as it violates employee privacy.
LABOUR LAW
Skof v. Bordeleau, 2020 ONCA 729 (CanLII)
Suspended police officer’s action against ex-Chief of Police and Ottawa Police Services Board re: Charter violations, misfeasance in public office reinstated by Court of Appeal
Ottawa Police Service v. Diafwila, 2016 ONCA 627
Court of Appeal reinstates police constable because Ottawa Police failed to follow performance evaluation policies.
Saskatchewan Federation of Labour et al v. Saskatchewan, 2015 SCC 4
Supreme Court of Canada rules that the right to strike is protected by international law and the Charter of Rights and Freedoms.
Royal Ottawa Health Care Group v Canadian Union of Public Employees, Local 942, 2013 CanLII 8016 (ON LA)
Nurse reinstated after employer’s unfair use of police record check.
National Bank of Canada v Paitich, 2013 CanLII 7346 (CANLA)
Bank employee wins unjust dismissal complaint as poor performance allegations unsubstantiated.
Pro-Tec Fire Services of Canada ULC, 2005 CanLII 63054 (C.I.R.B.)
Airport firefighters win jobs back and damages after a U.S. company refused to employ them due to union involvement.
CIVIL LITIGATION & PUBLIC LAW
Constitutional Law & Charter Litigation
Abdelrazik v. Minister of Foreign Affairs et al, 2009 FC 580
Canadian government officials violated a Canadian citizen’s Charter rights by arranging for his unlawful detention by Sudanese authorities and refusing to provide a passport.
Canada (Justice) v. Khadr, [2008] 2 S.C.R. 125
Canadian government officials violated the Canadian Charter of Rights and Freedoms by interrogating a Canadian youth detained by the U.S. in Guantanamo Bay, Cuba.
Privacy Rights
Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (ON SCSM)
Company violated the privacy of a jogger by videotaping her without consent for commercial advertisement.
Public Interest Litigation & Advocacy
British Columbia Civil Liberties Association v. Canada (Royal Mounted Police), 2021 FC 1475 (CanLII)
RCMP Commissioner failed in duty to respond “as soon as feasible” to Civilian Review & Complaints Commission report re: Northern Gateway pipeline complaint
Nevsun Resources Ltd. v. Araya, 2020 SCC 5
Canadian mining company can be sued for breaches of international human rights law for abuses committed in other countries.
Ewert v. Canada, 2018 SCC 30
Security classification tests in federal prisons may not be valid for Indigenous people
Almalki v Canada (A.G.), 2017 ONSC 3750
Men can sue for being unfairly labelled terrorist suspects by RCMP.
Garcia v. Tahoe Resources Inc., 2017 BCCA 39
Canadian courts proper forum to hear civil claims for villagers being shot by security personnel employed by Canadian company operating in Guatemala.
First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 2
Human Rights Tribunal rules Canada discriminates against First Nations children by providing lower standard of child welfare services.
Choc v. Hudbay Minerals Inc. et al., 2013 ONSC 998
Canadian mining company can be sued in Canada for murder and rapes allegedly committed by security personnel employed by a subsidiary in Guatemala.
Page v. Mulcair, 2013 FC 402
Federal government must disclose relevant documents to Parliamentary Budget Officer.
Gardner v. Canada (Attorney General), 2013 ONCA 423
Taxpayer subjected to unlawful assessment permitted to sue for damages.
Amnesty International and B.C. Civil Liberties Association v. Canadian Forces, 2007 FC 1147
Human rights group has public interest standing to challenge Canadian military transferring detainees to the Afghan government, despite risk of torture.
ACCESS TO INFORMATION
Bronskill v. Minister of Canadian Heritage, 2011 FC 983, 339 DLR (4th) 369 (FC)
National security should not trump history as government ordered to release RCMP files on Tommy Douglas.
Attaran v Minister of Foreign Affairs, 2011 FCA 182
Discretion to withhold documents requested in Access to Information Request must be exercised in a manner consistent with the objectives of the Access to Information Act.
Attaran v. Minister of Foreign Affairs, 2009 FC 339
Government ordered to reveal human rights report that discloses torture by state authorities in Afghanistan is common.
DISABILITY
Collins v. Canada (Attorney General), 2013 FCA 105
Court of Appeal restores award of damages to disabled prisoner subjected to discrimination by Correctional Services Canada.
Pictou Landing Band Council v. Canada (Attorney General), 2013 FC 342
Jordan’s Principle guarantees disabled Indigenous teenager the right to equal care while living on reserve.
Contact the Preeminent Litigators at Champ & Associates in Ottawa
The lawyers at Champ & Associates are relentless advocates in the pursuit of workplace fairness. They are committed to securing justice for mistreated employees who have been wrongfully terminated, discriminated against, or otherwise treated unfairly by their employers. They work tirelessly to restore their clients’ rights and dignity in every case. To discuss your matter in confidence, please contact the firm by telephone at 613-237-4740 or reach out online.
