Keeping the Offer on the Table Essential to Mitigation Defence


Time Published on May 26, 2014

This recent appellate decision serves to remind employers that employees cannot mitigate by accepting an offer that is not technically still on the table.

Tag employment law,  wrongful dismissal litigation

When can a resigning employee join a competitor?


Time Published on April 28, 2014

A recent decision out of the Ontario Superior Court of Justice confirms that employees cannot give, contractually agreed, notice of resignation only to unilaterally leave early to work for a competitor.

Tag employment law,  wrongful dismissal litigation

Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay


Time Published on April 24, 2014

WSIAT recently held that a worker's loss of earnings benefits under the workers' compensation plan may not be offset by statutory pay in lieu of notice.

Tag employment law,  employment standards,  workers' compensation,  wrongful dismissal litigation

British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan


Time Published on February 14, 2014

Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan are clearly spelled out. More often than not a dismissed employee will demand payment of this additional compensation upon termination of employment. Ultimately the employee’s entitlement will depend on the wording of the plan.

Tag employment law,  wrongful dismissal litigation

Personal Liability in Wrongful Dismissal Actions


Time Published on January 31, 2014

A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.

Tag employment law,  wrongful dismissal litigation

Review Court Bars Wrongful Dismissal Claim Post-ESA Claim


Time Published on October 28, 2013

Ontario’s Divisional Court has overturned a lower court decision, finding instead that an employee could not pursue a wrongful dismissal action after prosecuting an employment standards complaint.

Tag employment standards,  wrongful dismissal litigation

Failure to Mitigate proves Costly to Plaintiff in Constructive Dismissal


Time Published on September 24, 2013

In a recent decision of the Ontario Court of Appeal, Chevalier v. Active Tire & Auto Centre Inc., an employee with 33 years of service was awarded no damages on account of his failure to mitigate.

Tag wrongful dismissal litigation

Summary Judgement Not Always Appropriate in Wrongful Dismissal Actions


Time Published on August 23, 2013

Several recent decisions highlight the importance of doing your homework and asserting mitigation evidence in summary judgement motions in wrongful dismissal actions.

Tag employment law,  wrongful dismissal litigation

Register Now for our 27th Annual Employers' Conference, Labour & Employment Law Update 2013


Time Published on August 20, 2013

Registration Now Open!

Tag aoda,  constructive dismissal,  employment law,  employment standards,  human rights,  labour relations,  occupational health and safety,  privacy,  wrongful dismissal litigation

Solid evidentiary burden to prove constructive dismissal due to poisoned work environment


Time Published on August 14, 2013

The Ontario Court of Appeal has reversed a finding of constructive dismissal for lack of sufficient evidence, providing an insight into the proof required to assert such claims.

Tag constructive dismissal,  human rights,  wrongful dismissal litigation

“Rocket Docket” to Summary Judgment in “Without Cause” Wrongful Dismissal Cases


Time Published on July 26, 2013

An Ontario Court has signaled that it is prepared to adjudicate wrongful dismissal cases very quickly where the employer has not asserted just cause to terminate the worker’s employment.

Tag employment law,  wrongful dismissal litigation

Appeal Court Finds Compensation for Loss During Notice Period Trumps Shareholders’ Agreement


Time Published on July 11, 2013

A recent decision by the British Columbia Court of Appeal highlights the importance of carefully crafting written employment agreements whenever shares are issued as part of employee compensation.

Tag employment law,  wrongful dismissal litigation

Specific Termination Provision Upheld After Sale of Business


Time Published on May 08, 2013

A recent Ontario court decision highlights the value of written employment contracts.

Tag employment law,  employment standards,  wrongful dismissal litigation

Court of Appeal Protects Manager from Personal Liability on Employee Termination


Time Published on January 09, 2013

A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision, Richards v. Media Experts M.H.S. Inc., the Ontario Court of Appeal held that a terminated employee could not sue her boss personally for intentional infliction of nervous shock following the termination of her employment.

Tag employment law,  wrongful dismissal litigation

Registration now Open for our 26th Annual Employers' Conference


Time Published on September 05, 2012

Don't Miss our 26th Annual Employers' Conference, Labour & Employment Law Update 2012. 

Tag aoda,  constitutional law,  employment law,  labour relations,  occupational health and safety,  wrongful dismissal litigation