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 […]
Ontario Court of Appeal: Exceptional Notice Awards will ONLY be Awarded in Cases with Exceptional Circumstances (Dawe Update)
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. As we wrote about in our April 2019 article, Exceptional Notice Awards Will Be Awarded In Cases With Exceptional Circumstances, in Dawe v The Equitable Life Insurance Company of Canada, the […]
The Court Provides Further Clarity on the Employee’s Duty to Mitigate Damages When Offered Re-Employment
In Gent v Strone, the Court found that the Defendant employer had constructively dismissed the Plaintiff employee upon the commencement of a temporary lay off – due to the absence of an enforceable Employment Agreement permitting them to do so. However, the Court indicated that the employee had, in turn, acted unreasonably and consequently, failed […]
The Court Emphasizes the Importance of Responding Diligently When Served with a Statement of Claim
In Saikaly v Aikman Construction, the employee had been employed by the Defendant employer for approximately 12 years before receiving a “just cause” termination. The employee denied wrongdoing and filed a formal Statement of Claim against the employer for wrongful dismissal. Despite several follow-ups with the organization, the employer failed to file a Statement of […]
The Devil is in the Details When it Comes to “Fixed-Term” Employment Agreements
The Court recently provided further clarity to the area of “fixed-term” employment agreements with their recent decision in Lee v Choice Bank Limited. In this case, the employee had entered into a three-year fixed term employment agreement (“EA”) with the Defendant employer Bank to act as its President. The EA stipulated that her employment would […]
Ontario Superior Court: Exceptional Notice Awards Will Be Awarded in Cases with Exceptional Circumstances
It is time to say goodbye to the 24-month upper limit on common law notice periods. The writing has been on the wall since 2015, as we have seen notice awards slowly creeping up from this high-water mark, with the courts providing notice awards of 26 and 27 months in a number of recent cases.[1][2][3] […]
Cannabis in Ontario: An Update
With cannabis legally available for purchase from approved Ontario retailers as of today (April 1, 2019) it will now be even more accessible for those looking to purchase it for recreational use. While many municipalities decided to prohibit retail locations within their jurisdiction, most voted to allow them. You can see the full list here […]
Top 10 Employment Law Cases and Developments of 2018
1. Fair Workplaces, Better Jobs Act (“Bill 148”) Came into Effect 2018 started off with a bang as the Fair Workplaces, Better Jobs Act (“Bill 148”) came into effect on January 1, 2018. Bill 148 resulted in the most significant amendments to Ontario’s employment legislation, the Employment Standards Act (the “ESA”), that the province had seen […]