Latest Articles
The information contained below is not legal advice and is for informational purposes only.
Ontario Court Reaffirms that Probationary Status is Not a License for Arbitrary Dismissal
In the case of Yadav v. Ahangama Law Professional Corporation, 2026 CanLII 48313 (ON SCSM), the Ontario Superior Court of Justice clarified that probationary employees are not deprived of their right to reasonable notice under common law. The decision confirms that,...
Partridge v. Botony Dental Corporation, 2015 ONCA 836 (CanLII)
Ontario Court of Appeal Upholds Wrongful Dismissal and Human Rights DamagesAfter Employee Faces Reprisal Upon Return from Maternity Leave In the case of Partridge v. Botony Dental Corporation, 2015 ONCA 836, the Court of Appeal forOntario dismissed an employer’s...
Ontario Court of Appeal Upholds Wrongful Dismissal and Human Rights Damages After Employee Faces Reprisal Upon Return from Maternity Leave
Ontario Court of Appeal Upholds Wrongful Dismissal and Human Rights Damages After Employee Faces Reprisal Upon Return from Maternity Leave In the case of Partridge v. Botony Dental Corporation, 2015 ONCA 836, the Court of Appeal for Ontario dismissed an employer’s...
$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...
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...
I was hired as a remote worker. Do I have to start working from the office?
What constitutes constructive dismissal? Employers generally have the right to decide whether employees work in-office or remotely. However, in some cases, an employer’s unilateral and fundamental change to an employee’s terms of employment (including to their place...
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...
Ontario Introduces Working for Workers Bill 6
Changes to be Implemented by Bill 229 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...
HRTO Dismisses Sexual Harassment Claim because it was Brought 19 Years after the Alleged Sexual Misconduct Occurred
Limitation Periods in Ontario 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...
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. The Occupational...
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...
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...
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...
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...
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. An earlier...
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. In Krmpotic v Thunder...
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...
Exceptional Circumstances lead to Wrongful Dismissal Award of 27 Months
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...
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. Federally vs Provincially Regulated Employees...
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...
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...
Bad Faith Damages for Employer Misconduct
Court Awards $50,000 in Bad Faith Damages for Employer ConductIn 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...
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. Background...
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 Hudson's 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...
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 had marked a significant shift in the enforceability of termination...