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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

By Danielle Jager

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

By Danielle Jager

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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Mar 17, 2022

By Danielle Jager

Kicked to the CERB: Judge overturns wrongful dismissal damage award that failed to deduct CERB payments

Recently, the Supreme Court of British Columbia decided another case that considered the impact of the Canada Emergency Response Benefit (CERB) on ...

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Mar 10, 2022

Court Confirms Advanced Age and Short Service Does Not Automatically Equate to Lengthy Notice Period

A recent pair of Ontario Superior Court decisions offered interesting insight on the determination of reasonable notice when faced with widely cons...

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Dec 15, 2021

FEDERAL COURT REFUSES TO ISSUE INJUNCTION, RULING THAT MANDATORY VACCINATION POLICY DOES NOT FORCE EMPLOYEES TO GET VACCINATED

It may seem strange to reason that a mandatory COVID-19 vaccination policy does not in fact force someone to get vaccinated, but that is exactly wh...

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Dec 1, 2021

BRITISH COLUMBIA SUPREME COURT: CERB BENEFITS ARE DEDUCTIBLE FROM REASONABLE NOTICE AWARDS

Earlier this year, the Employers’ Edge blog wrote about the Fogelman v. IFG decision, where the Ontario Superior Court considered the im...

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Nov 11, 2021

By Kelsey Orth

HIT ME WITH YOUR BEST SHOT: MANDATORY VACCINATION POLICY SURVIVES CHALLENGE AT ARBITRATION

In one of the first decisions to be released in Ontario on the subject, an arbitrator has upheld a mandatory vaccination policy that was challenged...

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Nov 4, 2021

ONTARIO SUPERIOR COURT DECLINES TO ISSUE INJUNCTION ON COVID-19 VACCINATION POLICY ​

In the recent decision of Blake v University Health Network, 2021 ONSC 7139, Justice Dunphy of the Ontario Superior Court of Justice ruled that emp...

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Oct 20, 2021

ONCA Overturns Decision Granting Vesting of Stocks during Common Law Notice Period

Last year, we blogged on a particularly frustrating decision of the Ontario Superior Court which held that the otherwise legally enforceable termin...

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Oct 15, 2021

Court Upholds Just Cause Termination of Long Service, 75-Year Old Employee Due to Dishonesty and Breach of Fiduciary Duty

Just cause terminations are often referred to as “capital punishment” in the Employment and Labour Law world. This is owing to the fact...

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Sep 20, 2021

NEW HOPE FOR TERMINATION CLAUSES IN RECENT ONTARIO DECISION DISTINGUISHING WAKSDALE

In a recent decision of the Ontario Superior Court of Justice in Rahman v Cannon Design Architecture Inc., 2021 ONSC 5961, the Court distinguished ...

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Aug 16, 2021

No Common Law Duty to Investigate Prior to For Cause Termination

The Court of Appeal of Manitoba recently confirmed that there is no common law duty on an employer to investigate prior to terminating an employee ...

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Jul 22, 2021

ONTARIO COURT LIMITS ENTITLEMENT TO COMMISSIONS AND BONUSES PAYABLE BEYOND EXPIRY OF NOTICE PERIOD

Compensation arrangements can vary drastically from sector to sector and even within businesses. This is particularly the case in sales positions w...

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Jul 7, 2021

Resignation, Termination, or Repudiation? Employee’s Conduct Found to be Incompatible with Continued Employment

In an earlier blog post, we wrote about an Ontario decision in which the defendant employer’s conduct repudiated what otherwise might have be...

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Jun 29, 2021

Ontario Court Once Again Weighs-in on IDEL vs. Constructive Dismissal Debate

Less than three weeks ago, the Employers’ Edge blog wrote about the recent decision in Taylor v. Hanley Hospitality Inc., where the Ontario S...

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