Warren v. D’Alfonso et al.

Firms involved

Self Represented, Gowling WLG, Fasken Martineau DuMoulin LLP
Troy Warren
Law Firm
Self Represented
Gina D’Alfonso
Law Firm
Gowling WLG
Lawyer(s)

Andrew Bratt

Lifework / Morneau Shepell
Law Firm
Gowling WLG
Lawyer(s)

Andrew Bratt

Chloe Rodricks (Proposed Defendant)
Law Firm
Gowling WLG
Lawyer(s)

Andrew Bratt

Telus Health (Canada) Ltd. (Proposed Defendant)
Law Firm
Gowling WLG
Lawyer(s)

Andrew Bratt

Canada Post Corporation (Proposed Defendant)
Law Firm
Fasken Martineau DuMoulin LLP
Lawyer(s)

Julien Frigon

Mathieu Sicard (Proposed Defendant)
Law Firm
Fasken Martineau DuMoulin LLP
Lawyer(s)

Julien Frigon

Erin Keating (Proposed Defendant)
Law Firm
Fasken Martineau DuMoulin LLP
Lawyer(s)

Julien Frigon

Background & Issues:

  • Warren, a CPC letter carrier, was charged in 2021 for allegedly leaving the scene of an accident and suspended for five days by CPC (later reduced to 2.5 days).
  • He applied for short-term disability, which was denied after six weeks.
  • In June 2023, charges were stayed or dismissed; he sued D’Alfonso and Lifework for defamation, discrimination, and racism.
  • Sought to increase lost wages claim to $110,000 and add new defendants.

Court’s Rulings:

  1. Amendments Allowed:

    • Lifework renamed Telus Health in the claim.
    • CPC added as a defendant due to a potential defamation claim based on Sicard’s July 6, 2021, letter accusing Warren of dishonesty and lack of integrity, which was shared with third parties.
  2. Proposed Defendants Denied:

    • D’Alfonso removed (Warren conceded).
    • Rodricks’ letter (Feb 6, 2024) was routine, not defamatory.
    • Sicard & Keating acted within employment scope; CPC is vicariously liable.
  3. Defamation Claim Against CPC:

    • Charge dismissal in 2023 revived limitation period; claim not time-barred.
    • CPC’s internal handling of allegations, including distribution of the letter, is relevant.

Next Steps:

  • Warren has 30 days to amend his claim.
  • CPC and Telus Health have 30 days to respond.
  • Mandatory mediation within 120 days.

No damages or costs were awarded at this stage.

Superior Court of Justice - Ontario
CV-23-92550
Labour & Employment Law
Defendant