by Elizabeth McConkey | Jan 16, 2024 | Articles, Employment Standards, Wrongful Dismissal
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. Federally vs Provincially Regulated Employees...
by JPAK | Aug 7, 2023 | Articles, Wrongful Dismissal
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....
by JPAK | Jul 24, 2023 | Articles, Wrongful Dismissal
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...
by JPAK | May 12, 2023 | Articles, Wrongful Dismissal
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...
by JPAK | Jan 30, 2023 | Articles, Wrongful Dismissal
Court Awards $50,000 in Bad Faith Damages for Employer Conduct 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...
by JPAK | Jan 5, 2023 | Articles, Wrongful Dismissal, Wrongful Dismissal
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. Background...