Employer’s Just Cause Assertion Backfires, Results in $1,000,000 in Liability


Time Published on February 28, 2019 User Stringer LLP

Ontario’s Court of Appeal recently upheld a trial decision in which an employer’s tactical pursuit of a just cause defence and counterclaim backfired catastrophically and resulted in a cumulative award of over $1 Million.

Tag employment litigation,  wrongful dismissal litigation

Mud in the Water: Divisional Court holds limiting language required to displace presumption of reasonable notice


Time Published on December 18, 2018 User Stringer LLP

A recent Divisional Court decision continues the trend of termination clauses being struck down and suggests that more termination clauses could be invalid than previously thought. 

Tag employment contracts,  employment litigation,  employment standards,  wrongful dismissal litigation

Reporting Bad Conduct to Regulator Defamed Ex-Employee


Time Published on December 04, 2018 User Stringer LLP

The Court of Appeal recently confirmed that an employer defamed an ex-employee when the employer filed a false report with an industry regulator.

Tag employment law,  employment litigation,  wrongful dismissal litigation

The Truth Will Set You Free – A Bad Reference is Not Necessarily Defamatory


Time Published on November 12, 2018 User Stringer LLP

The Divisional Court recently upheld a trial decision finding that an employer did not defame a former employee when it gave him a bad reference.

Tag employment law,  employment litigation

Ontario Court Confirms that Unwanted Management is not a Constructive Dismissal


Time Published on November 05, 2018 User Stringer LLP

A recent case from the Ontario Superior Court of Justice confirms that employers remain able to manage their workplace even when employees disagree or are unhappy with how they are managed.

Tag constructive dismissal,  employment litigation,  wrongful dismissal litigation

Court Disregards Release where Settlement “Unconscionable”


Time Published on August 29, 2018 User Stringer LLP

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended. 

Tag disability benefits,  employment law,  employment litigation,  wrongful dismissal litigation

Ontario Court of Appeal Finds Clarity in Termination Clause


Time Published on July 25, 2018 User Stringer LLP

The Ontario Court of Appeal recently overruled a decision regarding a termination clause, finding that the provision clearly and unambiguously ousted the presumption of common law reasonable notice.

Tag employment law,  employment litigation,  employment standards,  wrongful dismissal litigation

Suspensions: Caution Required


Time Published on July 18, 2018 User Stringer LLP

A recent case from the Ontario Court of Appeal highlights the risks of using suspensions, particularly unpaid ones, but also provides insight as to how employers may implement them.

Tag constructive dismissal,  employment litigation,  wrongful dismissal litigation

Superior Court Confirms that Employers can Fundamentally Change Employment Contracts with Reasonable Notice


Time Published on July 11, 2018 User Stringer LLP

In Lancia v. Park Dentistry, the Ontario Superior Court confirmed that employers can change the fundamental terms of an employee’s employment, without providing consideration, so long as they take appropriate steps to provide reasonable notice of the change coupled with notice that employment under current terms would terminate at the end of that notice period.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Off-Duty Drunk Driving Not Just Cause for Termination – Even for a Firefighter


Time Published on June 27, 2018 User Stringer LLP

In a recent decision the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Standard Release Language May Not Protect Against Sexual Harassment Allegations


Time Published on June 25, 2018 User Stringer LLP

The Ontario Superior Court recently found that sexual harassment does not necessarily “arise out of” the employment relationship, even when it is perpetrated by another employee at the workplace. As such, releases purporting to settle all claims arising out of, or in any way connected to, an employment relationship may not effectively bar subsequent sexual harassment claims. 

Tag employment litigation,  general litigation

Shifting Sands: Ontario Court of Appeal Upholds Termination Clause


Time Published on February 28, 2018 User Stringer LLP

Employers, ever-weary of the next judicial pronouncement on the enforceability of specific termination clauses in employment contracts, may mark a recent decision by Ontario’s top court down on the positive side of the ledger.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Revoking Telecommute Agreement A Constructive Dismissal


Time Published on February 20, 2018 User Stringer LLP

The Ontario Superior Court recently found that an employee had been constructively dismissed when her employer reneged on its promise that she could work from home three days per week.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Consideration: What’s Good for the Goose is Good for the Gander


Time Published on January 31, 2018 User Stringer LLP

In a unique set of circumstances, the Ontario Superior Court recently found that changes to an employment contract which benefited an employee were void because the employer did not receive consideration.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Working Notice Inappropriate for Employees Who Cannot Work


Time Published on December 19, 2017

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

Tag employment law,  employment litigation,  wrongful dismissal litigation

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