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Nov 9, 2023

By Kelsey Orth

"Lynch v. Avaya: A Notice-able Change in Wrongful Dismissal Precedent?"

In the ever-evolving landscape of employment law, the recent decision of the Ontario Court of Appeal in the case of Lynch v. Avaya Canada Corporati...

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Feb 9, 2023

Federal Court Finds Employees Who Refuse to Follow Vaccination Mandate Not Eligible for Employment Insurance

Recently, the Federal Court (the “Court”) released an encouraging decision for employers as they continue to deal with residual COVID-1...

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Oct 20, 2022

Employee Awarded $55k in Punitive and Moral Damages: What Lessons Can Employers Pohl from the Case?

A recent decision, Pohl v Hudson Bay Company, 2022 ONSC 5230, offers a few lessons about proper conduct during termination. The decision arose afte...

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Mar 24, 2022

26 Month Wrongful Dismissal Notice Period Upheld by Ontario Court of Appeal

Understanding and appreciating the extent of an employer’s liability when it is required to terminate a worker’s employment can be a ch...

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Feb 10, 2022

By Mike MacLellan

Right to Terminate Employment in COVID-19 Mandatory Vaccine Policy Struck by Arbitrator

The latest ruling on an employer’s mandatory COVID-19 vaccination policy came on February 7, 2022 from Arbitrator Gail Misra.  The outco...

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Feb 3, 2022

BC Court Finds Surreptitious Recording of Fellow Employees Just Cause for Dismissal

The recent decision from Justice Branch of the Supreme Court of British Columbia in Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112 pr...

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Aug 4, 2021


In wrongful dismissal matters, the court’s determination of reasonable notice is based on a holistic analysis of the affected employee’...

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May 13, 2021

Mistake Is No Defence: An Employer’s Failure To Abide By Termination Language Repudiated The Contract, Even After They Tried To Comply

A recent decision from the Ontario Superior Court of Justice provides a stern lesson for employers who terminate someone’s employment without...

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Apr 29, 2021

Deemed Infectious Disease Emergency Leave Not a Bar to Common Law Constructive Dismissal Claims in Ontario

In what may be the first of many COVID-19 related constructive dismissal claims in Ontario, the Superior Court of Justice determined that employees...

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Apr 22, 2021

By Mike MacLellan

Déjà Vu All Over Again: Ontario Court Strikes Down Termination Language and Awards Generous Notice Period

This has been a common theme in recent months for the Employer’s Edge, but once again, an employer’s contractual termination language h...

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Mar 11, 2021

By Mike MacLellan

What were you Expecting? Ontario Court Rules that Pregnancy of Terminated Employee Extended the Reasonable Notice Period

By now you’ve read enough of our blogs to commit the common law reasonable notice of termination “Bardal” factors to memory: char...

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Feb 24, 2021

Ontario Court Sets Sky High Bar for Job Abandonment

Although uncommon, from time to time employers may find themselves dealing with job abandonment. As the very recent decision of Hettrick v Triple F...

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Sep 10, 2020

By Kelsey Orth

Grievor Puts the “X” in “Ex-Employee”: Termination from Job at CRA Upheld by Federal Arbitration Panel

As many employers know, just cause is a difficult standard to meet, regardless of the jurisdiction under which you fall, or the forum in which the ...

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Jun 18, 2020

By Kelsey Orth

Quit or Fired? It All Depends on Context… and Documentation Helps Too!

A common argument that arises between employers and employees is one of “resignation vs dismissal”.  This is especially true where...

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Aug 1, 2019

By Jacob Love

I Take it Back! Ontario Court of Appeal Allows Employee to Withdraw Her Resignation

Facts In English v Manulife Financial Corporation, the Court of Appeal overturned the motion judge’s finding (previously blogged on by CCPart...

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Apr 11, 2019

By Susan Crawford

Court of Appeal Confirms Employer Hardball Tactics Support $125K in Extraordinary Damages

Last June CCP blogged about the risks employers face when they bring suspect counter-claims and make allegations of just cause that they can’...

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Oct 11, 2018

By Kelsey Orth

There is No “OT” in NOTICE – Court of Appeal agrees with Motions Judge that Employees not Expected to Look for Work in Their Sleep when Working Notice Provided

As you may know, the Employment Standards Act, 2000 (“ESA”) has specific provisions governing an employee’s minimum entitlements ...

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Sep 27, 2018

Be Careful What You Wish For: Ontario Court Holds that an Employee Cannot Rescind a Clear and Voluntary Notice of Resignation

In English v Manulife Financial Corporation, the Ontario Superior Court of Justice considered whether an employee who has voluntarily resigned may ...

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Aug 30, 2018

Dismissed Employee Failed to Mitigate Damages by Choosing Retraining Over Re-Employment

In the recent case of Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice held that an employee had failed to reasonably mitigat...

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Jul 19, 2018

“I shouldn’t be telling you this, but…” – BC Judge Finds that Breaches of Confidentiality can Give Rise to Just Cause Dismissal

In a recent decision, the British Colombia Supreme Court upheld the dismissal of a long-service employee following a series of confidentiality brea...

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