The Ontario Superior Court has ruled that an employee who continued to work for 15 months following a change in his terms and conditions of employment had not condoned the change and could claim damages for constructive dismissal. Read more about this surprising decision and key lessons for employers to learn in our Latest Update.
Jeremy D. Schwartz / About Author
Related Posts
The Road Back Safety and Employment Law Considerations for Re Opening the Workplace (Demo)
In this webinar, Ryan Conlin and Landon Young provided guidance for employers on how to respond to the legal challenges…
02 Jun 2020
Early Bird Registration Now Open: 16th Annual Employment Law Conference
Stringer LLP and First Reference are proud to host the 16th Annual Ontario Employment Law Conference in Mississauga. We invite business owners and…
03 Mar 2015
Blame the Lawyer? Drawing Best Practices for In-House Counsel from the Jurisprudence
By: Jeremy Schwartz and Amanda Boyce In-house counsel is often the unsung hero of a legal saga, having guided their…
14 Sep 2016
Working Notice Inappropriate for Employees Who Cannot Work (Demo)
The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have…
19 Dec 2017
Termination Clauses: Clearly Restrictive Language Necessary for Enforceability
The Alberta Court of Appeal recently upheld a trial decision that struck a termination clause down as unenforceable. The Facts…
15 Feb 2018
Class Action Employment Lawsuit Filed Against Canadian Hockey League (Demo)
Hot on the heels of the announcement of the recent MOL enforcement blitz, a freshly filed statement of claim in…
20 Oct 2014
Ontario Court of Appeal Rules Non-Competition Clause Unenforceable – Allison Taylor (Demo)
Ontario Court of Appeal Rules Non-Competition Clause Unenforceable – Allison Taylor
12 May 2011
Employees in fiduciary relationships may be entitled to bonuses even upon breach of duties
A recent decision, the Court of Appeal, Mady Development Corp. v. Rossetto, clarified an employee’s entitlement to bonuses who has breached…
14 Feb 2012
Register Now for our Annual Conference (Demo)
We’ve had a year to digest significant changes to labour and employment legislation, and the courts and tribunals continue to…
11 Sep 2019
Court of Appeal Finds Progressive Discipline Not Necessary in Just Cause Dismissal (Demo)
Just cause is a difficult standard for employers to meet. In most cases, employees who are terminated from employment will…
14 May 2015
Employers Face Possible Expansion of the Duty of Honesty and Good Faith
By Landon Young Do employers have a general duty to act honestly and in good faith when dealing with their…
13 Jan 2021
Going Global: Ontario Superior Court Grants Severance Pay Based on Non-Ontario Payroll (Demo)
By: Jeremy Schwartz and Frank Portman A recent French language decision from the Ontario Superior Court of Justice indicates that…
08 Aug 2014
Honesty is the best policy – Court of Appeal upholds dishonest employee’s dismissal for just cause
Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of…
19 Jun 2017
Appellate Court Finds that CERB is not Deductible from Wrongful Dismissal Damages (Demo)
By Jeremy Schwartz and Haadi Malik In 2020, the Federal Government introduced the Canada Emergency Response Benefit (“CERB”), which was…
28 Dec 2022
Plaintiffs May Think Twice Before Filing Suit Under New Rules (Demo)
On January 1, 2010 the rules governing civil actions in Ontario are to undergo sweeping changes. One notable change is…
09 Dec 2009