Serious Safety Violation is Not Just Cause

Time Published on August 17, 2012

In one recent case the Ontario Superior Court of Justice determined that a serious safety violation by a member of senior management did not represent just cause.

Tag employment law,  occupational health and safety,  wrongful dismissal litigation

ONCA Finds "Golden Parachute" Provision not Implicitly Subject to the Duty to Mitigate

Time Published on June 25, 2012

In a decision by a rare, five-judge panel, the Ontario Court of Appeal (ONCA) ruled that a specific notice provision in an employment contract was not implicitly subject to the duty to mitigate.

Tag employment law,  wrongful dismissal litigation

Court Strikes Down Release Signed on Termination

Time Published on June 18, 2012

Ontario's Superior Court of Justice recently struck down a release signed at a termination meeting. 

Tag employment law,  wrongful dismissal litigation

Employees in fiduciary relationships may be entitled to bonuses even upon breach of duties

Time Published on February 14, 2012

A recent decision, the Court of Appeal, Mady Development Corp. v. Rossetto, clarified an employee’s entitlement to bonuses who has breached their fiduciary duties to their employer.

Tag employment law,  fiduciary duties,  wrongful dismissal litigation

ONCA Upholds Brito but Quashes Punitive Award

Time Published on February 08, 2012

Brito Update-ONCA upholds damages for disability benefits in reasonable notice period, quashes punitive damages

Tag disability benefits,  employment law,  wrongful dismissal litigation

Taking a Hard Line on Termination Entitlements Ends Up Costing More

Time Published on January 09, 2012

Employers should be wary of taking unreasonable positions in an attempt to avoid paying an employee what they are likely entitled to.  This can end up being even more costly.

Tag employment law,  wrongful dismissal litigation

When is a lay-off actually a termination?

Time Published on December 14, 2011

Employers in Ontario must be cautious before implementing “temporary” layoffs.

Tag employment law,  wrongful dismissal litigation

Employer Hit Hard for Discontinuing Disability Benefits Shortly After Termination

Time Published on October 20, 2011

Employers who only provide the minimum amounts required by employment standards legislation after termination are gambling. Sometimes this approach can result in cost savings, but it can also end in a costly damages and legal costs award as occurred in the case of Brito v. Canac Kitchens. Read our Latest Update for more information about the case, and what to do to protect your organization from such awards.

Tag employment law,  wrongful dismissal litigation

Pay in Lieu of Notice by Salary Continuance Deemed Implicit Right

Time Published on August 29, 2011

The Ontario Superior Court of Justice recently ruled in Bowes v. Goss Power Products Ltd., that a fairly standard termination provision in an employment contract implied the right to provide pay in lieu of notice by salary continuance.  The employer wanted to rely on this right so as to set off any mitigation by the employee during the notional notice period.

Tag employment law,  employment standards,  wrongful dismissal litigation

WSIB loss of Earnings Benefits still offset against Wrongful Dismissal Damages in Ontario

Time Published on July 25, 2011

In a recent decision, Jensen v. Schaeffler Canada Inc., the Ontario Superior Court of Justice reduced an employee’s pay in lieu of notice award for wrongful dismissal by the amount of WSIB loss of earnings received during the notice period.

Tag wrongful dismissal litigation

Court finds employee did not condone changes after 15 months

Time Published on April 12, 2011

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.

Tag constructive dismissal,  employment law,  wrongful dismissal litigation

Plaintiffs May Think Twice Before Filing Suit Under New Rules

Time Published on December 09, 2009

On January 1, 2010 the rules governing civil actions in Ontario are to undergo sweeping changes. One notable change is the expansion of the small claims court jurisdiction from $10,000 to $25,000. The changes are supposed to improve access to justice and reduce the cost of litigation for all parties.

Tag wrongful dismissal litigation