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