The Court Clarifies that Exceptional Notice Awards will ONLY be Awarded in Cases with Exceptional Circumstances
The Ontario Court of Appeal recently provided some much-needed clarity into whether the Courts will impose a “cap” on the wrongful dismissal notice awards. In our view, the opposing views shared by the Trial Court and Court of Appeal throughout this recent case is a perfect example of why employers need to be especially careful […]
The Court Awards Plaintiff a Whopping $1.27 MILLION in Constructive Dismissal Damages
In a recent decision, McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the court awarded the Plaintiff with a damage award exceeding $1.27 million as a result of a constructive dismissal. In this case, the Defendant employer, signed a Fixed-Term 10-year “Transitional Consulting Services Agreement” with the Plaintiff employee. This Fixed-Term Agreement was notably silent […]
The Court Provides Clarity on Successor Employer Obligations and Potential Liabilities
In Manthadi v. ASCO Manufacturing, the court found that the recent purchaser of a company was on the hook for all 36 years of service for wrongful dismissal damages. The Plaintiff employee, Ms. Manthadi had worked as a welder for ASCO Manufacturing Ltd. since February 1981. In September 2017, Ms. Manthadi was advised that ASCO […]