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Dec 15, 2022

By Jacob Love

A Lesson on Discretion: Discretionary Bonuses Have to be Paid Fairly

A common form of compensation for integral members of an organization is the discretionary bonus.  In principle, an employer can exercise disc...

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Nov 10, 2022

By Jacob Love

Court of Appeal: No Obligation For A Dismissed Employee To Seek Less Remunerative Work To Fulfill Their Duty To Mitigate

In Lake v. La Presse, 2022 ONCA 742, the Court of Appeal determined that the motion judge erred in reducing the employee’s reasonable notice ...

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Oct 6, 2022

By Jacob Love

Employee Not Constructively Dismissed When Placed on Leave of Absence for Violating Mandatory Vaccination Policy Says BC Court

In a welcomed decision for employers, the Supreme Court of British Columbia has ruled that placing a worker on an unpaid leave of absence for faili...

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Aug 25, 2022

By Jacob Love

“If It’s Good Enough For You, It’s Good Enough For Me”, Says Ontario Court Of Appeal: Employee’s Notice Period Reduced for Failing to Accept a Comparable Position

In Humphrey v. Mene Inc., 2022 ONCA 531, the Court of Appeal for Ontario addressed the employer’s appeal and employee’s cross appeal of...

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Jun 16, 2022

By Jacob Love

Court of Appeal: Subjective Considerations Cannot Override the Plain Language of a Termination Provision

In a decision released on June 8, 2022, the Court of Appeal for Ontario overturned the motion judge’s decision in Rahman v. Cannon Design Arc...

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