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Feb 16, 2017

To Assert Cause or to Not Assert Cause, Will Damages Flow?

Two recent Ontario decisions delved into the murky waters of when punitive or aggravated damages should be awarded in cases of wrongful dismissal. ...

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Feb 2, 2017

By Mike MacLellan

Unsafe Electrician Shocked when Court of Appeal Upheld his “For Cause” Termination

The Ontario Court of Appeal has thankfully upheld the termination for just cause of one Jerzy Wasinski, in a decision that should encourage employe...

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Nov 17, 2016

By Angela Wiggins

Summary Judgment Motions: Navigating their Increased Use in Wrongful Dismissal Claims

Recently, employers responding to wrongful dismissal litigation may have noticed a trend of plaintiffs seeking to resolve matters quickly by bringi...

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Oct 13, 2016

Terminating Older Employees: The Cost has Never Been Higher

By now we all know that for the most part there is no mandatory retirement age in Ontario. For a variety of reasons, including shortfalls in retire...

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Sep 15, 2016

Court Ruling Leaves Employers' Bonus Policies Less Effective

By now we all know that Ontario employers are normally required to provide employees with reasonable notice of termination or pay in lieu there...

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Jul 14, 2016

By Angela Wiggins

HOT OFF THE PRESS! Supreme Court of Canada restores requirement for just cause dismissal under the Canada Labour Code

The Supreme Court of Canada (“SCC”) has released its decision on Atomic Energy of Canada Ltd v Wilson. We first told you about this cas...

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Apr 1, 2016

“I quit!” – “not yet, you don’t.” Employer Awarded $35,000 for Wrongful Resignation

By now, we all know what a wrongful termination is in the employment context. But how many have heard of a wrongful resignation? The Superior Court...

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Mar 17, 2016

By Rob Boswell

Termination for Terminally Ill Employee: Frustration of Contract Prior to Death

An employee is diagnosed with a terminal illness.  He leaves work in May due to his illness, his employer sells its business in early Septembe...

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Dec 10, 2015

By Mike MacLellan

Vancouver Church May Need Supplementary Collection Plates to Pay Damages to Wrongfully-Dismissed Pastor

Here’s something you probably didn’t expect: the British Columbia Supreme Court has ruled that the Vancouver Chinese Baptist Church owe...

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Oct 29, 2015

By Mike MacLellan

Court Just Says “No”: Employer did not Discriminate when it Terminated Employee Addicted to Cocaine

Recent case law has reflected changing attitudes toward and evolving understanding of drug dependence in the workplace.  For examples, drug de...

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Oct 22, 2015

By Kelsey Orth

Know When to Fold ‘Em: Court Calls Employer’s Bluff on Mitigation

Ever since the Supreme Court’s ruling in the now-famous (at least in employment circles) Evans v. Teamsters case, employers have had a new &l...

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Oct 15, 2015

By Angela Wiggins

Responding to Employee Complaints: the Requirements of Employer Investigations

In any workplace, it is possible, if not likely, that people will not always get along. When employee incidents happen and complaints are made, it ...

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Oct 1, 2015

Here We Go Again: Employer Ordered to Pay $65,250 to Employee Who Did Not Work For Even One Day!

By now we all know that Courts are reluctant to enforce provisions in employment contracts that seek to limit the amount of termination notice prov...

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Sep 24, 2015

By Angela Wiggins

One Strike and You Could be Out: The Supreme Court Denies Leave to a Decision Upholding Termination for Cause Based on a Single Incident

Can an employer terminate an employee with just cause for a single incident which breaches the trust fundamental to an employment relationship? The...

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Aug 6, 2015

Employers: Are Your Contractors Independent or Dependent? The Wrong Answer Could Cost You

One of the benefits to employers who hire independent contractors to assist in the workplace is that there is no obligation to provide reasonable n...

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Jul 23, 2015

By Mike MacLellan

Court Upholds Journalist’s Co$tly Breach of Confidentiality - Strike 2 for Jan Wong

In August of 2013 CCP wrote this article about Jan Wong, a long-time writer for the Globe and Mail, who was ordered to repay the money she received...

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Feb 5, 2015

Federal Court of Appeal Upholds Without Cause Dismissal under the Canada Labour Code

Federally-regulated employees may be dismissed on a without cause basis under the Canada Labour Code (the “Code”). This was the conclus...

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Jan 29, 2015

Relying on After-Acquired Cause to Set Aside Settlement Agreement

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal &n...

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