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 […]
Ontario Superior Court Indicates that Notice Awards are on the Rise
For years, the conventional belief was that 24 months was the upper limit for common law notice awards in Ontario. However, in a recent case, Dawe v Equitable Life Insurance Company, the Plaintiff, Mr. Dawe, was not only awarded with a massive 30-month notice period, but the Justice speaking for the court in this case […]
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] […]
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 […]
Grey Power: A Guide to Older Workers
When the Beatles sang about turning 64 and pondering who would care for them in their old age – they were still young men, and would not reach their 60s for another four decades. Today, surviving Beatles Paul McCartney and Ringo Starr are still hard at work recording and touring into their 70s, and they […]