Latest Articles
The information contained below is not legal advice and is for informational purposes only.
$5 Million Message to Employers: Ontario Court Enforces Anti-Reprisal Provisions from the Ontario Securities Act in Landmark Ruling
In a recent case from the Ontario Superior Court, McPherson v. Global Growth Assets Inc., 2025 ONSC 5226, the former CEO of Global Growth Assets (“Global”) was awarded $5.4 million in damages resulting from his termination after raising concerns about the company’s compliance with Ontario securities law.
Ontario Court Rules that Dismissal “At Any Time and For Any Reason” Termination Clause is Unenforceable
A recent decision from the Ontario Superior Court, Chan v. NYX Capital Corp., 2025 ONSC 4561, has affirmed that a termination clause which allows termination “at any time and for any reason” is unenforceable.
Lose Your Job, Lose Your Equity? Ontario Court Confirms Restricted Stock Units Can Be Forfeited
In a recent decision, Wigdor v Facebook Canada Ltd, 2025 ONSC 4051, the Ontario Superior Court upheld the enforceability of restricted stock unit (“RSU”) agreements that provide for the forfeiture of unvested equity upon termination even during the statutory notice period under the Ontario Employment Standards Act, 2000 (“ESA”).
I was hired as a remote worker. Do I have to start working from the office?
Court Awards Human Rights Damages of $125,000 in Workplace Sexual Harassment Case
In Stride v. Syra Group et al., 2024 ONSC 2169, the Plaintiff, Stride, was an employee of Syra Group Holdings (“Syra”). She brought an action for wrongful dismissal and breach of the Human Rights Code. Syra is an Ontario Corporation that owns several apartment buildings in the GTA.
Ontario Introduces Working for Workers Bill 6
Ontario has recently introduced new legislation which seeks to amend leave provisions under the Employment Standards Act, 2000 (“ESA”). For example, the proposed Bill seeks to amend the ESA to provide up to 16 weeks of unpaid leave where there is a placement of a child “into an employee’s custody, care and control for the first time for the purposes of adoption”…
HRTO Dismisses Sexual Harassment Claim because it was Brought 19 Years after the Alleged Sexual Misconduct Occurred
In Ontario, there is a limitation period for civil legal matters. The Ontario Limitations Act 2002 provides that legal claims of a civil nature must be brought within a two-year period. In 2016 however, the Limitations Act was amended such that sexual assault claims…
Do Employers have an Obligation to Prevent Sexual Harassment?
Sexual harassment is defined and outlined in multiple pieces of legislation in Ontario. The
Ontario Human Rights Code (the “Code”) defines sexual harassment and provides that
employees have the right to be free from sexual harassment in the workplace.
Romantic Saga at RBC Results in $50 Million Lawsuit
RBC’s former Chief Financial Officer (CFO) of RBC, Nadine Ahn, filed a lawsuit against the Bank after she was terminated for cause. The Bank accused her of having an undisclosed romantic relationship with a subordinate (Mr. Ken Mason) and abusing her position to promote him and substantially increase his compensation. Mr. Mason was also fired.
Alberta Tribunal Awards Damages for Discriminatory Dismissal Disguised as “Restructuring”
The Alberta Human Rights Tribunal, in Silliker v Suncor Energy Inc, 2024 AHRC 91, has awarded a plaintiff $40,000 in damages and 50% of each of her base salary, her annual bonus, the expected employer contribution to her pension, as well as all the out-of-pocket expenses she incurred after her benefits were termination…
Ontario Court Orders Employee Complaints to be Produced Unredacted
The case of Jarvis v The Toronto-Dominion Bank, 2023 ONSC 3853 has upheld that where documents are incorporated by reference in a pleading, they must be unredacted unless the redaction is permitted by the court. This means names of complainants, other employees mentioned, and other private information may be revealed….
Family Status Discrimination Results in $105k in Damages
In Ontario, ‘family status’ encompasses a parent-child relationship and employers have a duty to accommodate their employees who have such responsibilities until the point of undue hardship. The parent-child relationship is interpreted broadly to include childcare obligations, which is most common, as well as caring for elderly parents (Misetich v. Value Village Stores Inc., 2016 HRTO 1229) and elderly in-laws…
Termination Provisions in an Employment Contract May Be Invalidated Based on the Actions of the Employer
A case from the British Columbia Supreme Court, Klyn v. Pentax Canada Inc., 2024 BCSC 372, has reaffirmed the principle that bad faith conduct on the part of the employer may invalidate the termination provisions in an employee’s contract of employment.
Recent Court Ruling Means Terminated Employees may not Need Medical Proof for Aggravated Damages
In May 2024, a case from the Ontario Court of Appeal reviewed the damages awarded to an employee in a wrongful dismissal suit and upheld that aggravated damages for mental distress were appropriate even without a diagnosed psychological injury.
Court finds Sexual Harassment Insufficient to Justify termination
In Cho v Café La Foret Ltd., 2022 BCSC 1560 the Court found that an employee (Mr. Cho) did sexually harass a subordinate (Ms. Lee), but that his conduct was not severe enough to warrant termination. Not only did the Court award Mr. Cho 5 months’ pay in lieu of notice for wrongful dismissal.
Exceptional Circumstances lead to Wrongful Dismissal Award of 27 Months
In Milwid v. IBM Canada Ltd. the Ontario Court of Appeal upheld a decision in which an employee was awarded 27 months’ notice for wrongful dismissal. This is a notable decision, as the Court confirmed that exceptional circumstances justified an award greater than the usual cap of 24 months. ….
Changes to the Canada Labour Code to Increase Entitlements upon Termination
Amendments to the Canada Labour Code (CLC) are set to introduce greater termination entitlements for federally regulated employees who are terminated without cause. These changes are to take effect February 1, 2024. ….
Ontario Court of Appeal Renders Surprising Decision Pertaining to an Independent Contractor’s Duty to Mitigate
In Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal made the surprising decision that independent contractors who are terminated while performing a fixed term contract are subject to the duty to mitigate their damages…….
Audio Recording Persuades Ontario Superior Court to Award Moral Damages to a Wrongfully Terminated Employee
In Teljeur v. Aurora Hotel Group 2023 ONSC 1324 the Ontario Superior Court of Justice awarded $15,000 in moral damages to the Plaintiff, John Teljeur, in addition to 7 months’ pay for wrongful dismissal. The award of moral damages was largely thanks to the contents of an audio recording made by the Plaintiff during his termination meeting with his employer (the Defendants)……
Not the Same Job Anymore: Employment Contract Invalid Due to Changes Over 12 Years
The Ontario Court of Appeal recently upheld a decision of the Superior Court in Celestini v. Shoplogix Inc., 2023 ONCA 131. The main issue at appeal was whether the trial judge had erred in applying the “changed substratum” doctrine. Plainly put, this doctrine can be relied upon to argue that an employment contract in whole or in part is…..
Bad Faith Damages for Employer Misconduct
In Rutledge v Markhaven Inc., 2022 ONSC 3183, the Ontario Superior Court reiterated the importance of employers acting in a good faith manner when conducting investigations. In this case Justice Dow awarded the plaintiff, Laura Rutledge, $50,000 in bad faith damages…..
Ontario Court of Appeal: Bonus Should be Included as Part of Contractual Severance Package
In Nader v. University Health Network, 2022 ONCA 856, the Ontario Court of Appeal found that the plaintiff’s employment contract was sufficiently ambiguous that he would also be entitled to his bonus as part of his contractual termination package. …
Enforceability of Termination Provisions: Rahman Overturned
In early 2021, the Supreme Court of Canada denied leave to appeal the Ontario Court of Appeal decision in Swegon North America Inc. v. Waksdale, 2020 ONCA 391 (“Waksdale”). The Waksdale decision marked a significant shift in the enforceability of termination provisions in employment contracts. We previously wrote about these developments, and the article …
Employer ordered to pay $55k in Moral and Punitive Damages for Delayed Termination Payout, Late
ROE, and Walking Employee Out Front Door . . .
On September 15, 2022, the Ontario Superior Court of Justice released the decision Pohl v Hudsons Bay Company, 2022 ONSC 5230, in which Justice Centa admonished the employer, Hudson’s Bay Company (“HBC”) for its conduct in terminating the plaintiff, Darren Pohl.
Common Employer Liability: Who Is The Employer When Multiple Companies Are Involved?
Can I be Fired for Cause if I Refuse Vaccination?
Employee Loses Battle For Unvested Equity
When And How To Claim Wrongful Dismissal In Ontario
Even though it is a very common occurrence, an unexpected loss of employment is still a stressful and traumatic event. When faced with this kind of upheaval, most people are so focused on finding new employment that they don’t take the time to evaluate the situation and stand their ground if their employment rights have been violated.
How To Calculate Termination Pay And Severance Pay In Ontario
The Pandemic-Related Temporary Layoff: Ontario Employees And Their Legal Options
How Much Is An Employment Lawyer?
Leave To Appeal Waksdale Decision Denied By The Supreme Court
I Was Induced To Leave A Secure Job. Am I Entitled To Compensation?
Ambiguity In Stock Options, Restricted Share Unit Plans: Latest From Court Of Appeal
What Happens To My Pension If I Have Been Terminated?
Maternity And Parental Leave In Ontario
Wrongful Dismissal Lawsuits In Ontario: Changes Are Coming
Secretly Recorded Conversations In The Workplace
