Latest Articles

The information contained below is not legal advice and is for informational purposes only.

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.  ….

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Canada-Labour-Code

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. ….

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Independent-Contractor

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…….

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Audio-Recording-Persuades-Ontario-Superior-Court-to-Award-Moral-Damages-to-a-Wrongfully-Terminated-Employee

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)……

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Invalid-contract

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…..

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Bad-Faith-Damages-for-Employer-Misconduct2

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…..

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eyeglasses

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.  …

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eyeglasses

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 …

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Employer-order

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.

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Common Employer Liability: Who Is The Employer When Multiple Companies Are Involved?

Companies often have aligned interests, overlap in assets, personnel, and symbiotic relationships, and the law recognizes that they are separate and distinct entities.

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Can I be Fired for Cause if I Refuse Vaccination?

Companies often have aligned interests, overlap in assets, personnel, and symbiotic relationships, and the law recognizes that they are separate and distinct entities.

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Employee Loses Battle For Unvested Equity

A recent decision of the Ontario Court of Appeal in Battiston v. Microsoft Canada Inc., 2021 ONCA 727 , the Court held that a long service employee was not entitled to compensation for the loss of unvested stock awards following his dismissal.

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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.

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How To Calculate Termination Pay And Severance Pay In Ontario

In Ontario, when employees lose their jobs, they often aren’t sure how much compensation they are entitled to receive from their former employer. Because such events happen so rarely in a person’s career, it is unsurprising that most people aren’t familiar with the laws surrounding severance pay, termination pay and adequate notice for termination of employment.

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The Pandemic-Related Temporary Layoff: Ontario Employees And Their Legal Options

Since the onset of the pandemic, employers across Ontario have been forced to institute temporary layoffs for extended periods. In many cases, employees have been temporarily laid off for several months with no clear or immediate end date in sight.

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How Much Is An Employment Lawyer?

When you’re in need of assistance, it’s always best practice to consult a professional. If you have an issue with the law related to an employment issue, it is generally wise to consult with an employment lawyer.

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Leave To Appeal Waksdale Decision Denied By The Supreme Court

The Waksdale decision marks a dramatic shift in the court’s approach to employment contracts. This is a positive result for employees seeking to set aside an unfavourable termination clause in an employment contract.

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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

Severance Packages: What Is The Difference Between Employment Standards And The Common Law?

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