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May 21, 2024

By Mike MacLellan

Ontario Court of Appeal Deems Employment Contract Frustrated When Employee Refused COVID-19 Vaccination

An employment contract can become “frustrated” when a supervening event that was not anticipated by the parties to the contract makes p...

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Apr 30, 2024

By Misbah Anis

Small Claims Court Confirms that Accepting New Employment During a Lay-off Doesn't Automatically Imply Resignation

A recent ruling from the Ontario Small Claims Court offers valuable insights for employers regarding what constitutes wrongful dismissal for an emp...

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Mar 1, 2024

By Kelsey Orth

ANOTHER CLAUSE BITES THE DUST: Latest decision of the Superior Court strikes down another termination clause

Stop us if you have heard this before: the Ontario court system’s latest decision undermines the enforceability of employment agreements. In ...

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Feb 16, 2024

By Jacob Love

Court Upholds Employer’s Dismissal of Health and Safety Manager for Cause

In Lagala v. Patene Building Supplies Ltd, 2024 ONSC 253 (CanLII), the employee was dismissed for cause and commenced a wrongful dismissal action a...

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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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Oct 26, 2023

By Mike MacLellan

Secret Recordings Revealed at Hearing Gave Employer Just Cause to Terminate

Two key principles emerged from the British Columbia Court of Appeal in one recent wrongful dismissal decision. Surreptitious recording of con...

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Oct 12, 2023

By Misbah Anis

Workplace Investigation Mandated by OHSA not Defamatory Says Ontario Court of Appeal

The Ontario Court of Appeal in Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 8 recently upheld the dismissal of a defamation action under section...

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Apr 27, 2023

Silence Does Not Speak Louder than Words says Ontario Court of Appeal - Silence in the Face of a Temporary Layoff Does Not Equal Condonation

Recently the Ontario Court of Appeal (“ONCA”) determined that an employee’s silence does not equal a condonation to a temporary l...

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Mar 30, 2023

By Kelsey Orth

Don’t Make Promises You Can’t (Or More Accurately, Don’t Intend To) Keep Or It May Come Back To Bite You In The Bottom (Line)!

I recently spoke at a Lancaster House webinar on the topic of “good faith and honest performance” in the employment context, and the re...

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Feb 16, 2023

By Jacob Love

Ontario Court Upholds For Cause Termination of Employee With 20 Years of Service

In Park v. Costco Wholesale Canada Ltd., 2023 ONSC 1013 the Ontario Superior Court of Justice upheld the employer’s for cause dismissal of an...

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Feb 2, 2023

By Mike MacLellan

BC Employee Claims Wrongful Dismissal – Ends Up Paying Her Employer

In a rare and welcome example of common sense and justice, the British Columbia Civil Resolution Tribunal (“CRT”) has recently decided ...

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Jan 19, 2023

By Kelsey Orth

Ignore Workplace Complaints At Your Own Peril: Employer Pays Dearly For Supervisor’s Abuse in Constructive Dismissal Claim

We often use this space to highlight what employers should do.  However, this week’s blog is about as clear-cut an example of what not t...

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Dec 8, 2022

By Mike MacLellan

BREAKING: B.C. Court of Appeal Rules CERB NOT Deducted from Wrongful Dismissal Damages

For the first time, an appeals court in Canada has ruled on what had previously been an uncertain and controversial legal principle – whether...

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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 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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Sep 22, 2022

By Kelsey Orth

Court of Appeal Rings Employer’s Bell on Appeal of Wrongful Dismissal Award

The decision to take a wrongful dismissal matter to trial is one that employers should not make lightly.  That goes doubly for pursuing an app...

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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 2, 2022

No Gracias: Ontario Superior Court Justice Awards 5-Month Employee 3-Months Reasonable Notice

Recently in Gracias v Dr David Walt Dentistry, 2022 ONSC 2967 (“Gracias”) Justice Perell delivered a disappointing decision for employe...

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May 19, 2022

By Kelsey Orth

The Taylor Appeal: No Clarity from Court of Appeal on Question of Intersection of ESA and Common Law Rights Under the IDEL Amendments

In 2020, the global COVID-19 pandemic unexpectedly changed the lives of many employers and employees. During this time period, employers needed to ...

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Apr 28, 2022

Two Wrongs Don’t Make A Right: Cautionary Tale for Employers Delivered by Ontario Court of Appeal in Sexual Harassment Dismissal Case

Two wrongs don’t make a right.  That is the message from the Ontario Court of Appeal in its recent decision in Render v ThyssenKrupp Ele...

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