by JPAK | Jul 17, 2024 | Articles, Wrongful Dismissal
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...
by JPAK | Jul 12, 2024 | Articles, Human Rights, Wrongful Dismissal
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...
by JPAK | Jun 18, 2024 | Articles, Wrongful Dismissal
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. An earlier...
by JPAK | Jun 12, 2024 | Articles, Wrongful Dismissal
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. In Krmpotic v Thunder...
by Elizabeth McConkey | May 29, 2024 | Articles, Wrongful Dismissal
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...
by Elizabeth McConkey | Jan 16, 2024 | Articles, Wrongful Dismissal
Overview 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...
