Currently filtering blogs by  Wrongful Dismissal Clear Filters

Filter Blogs by:

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 ...

Read More

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...

Read More

Aug 1, 2019

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...

Read More

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’...

Read More

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 ...

Read More

Sep 27, 2018

By Cristina Tomaino

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 ...

Read More

Aug 30, 2018

By Cristina Tomaino

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...

Read More

Jul 19, 2018

By Cristina Tomaino

“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...

Read More

Mar 22, 2018

Court rejects employee’s obligation to accept new employment with strings attached, awards 26 months’ notice

In a recent decision of the Ontario Superior Court of Justice, two plaintiffs were each awarded wrongful dismissal damages in the amount of 26 mont...

Read More

Feb 8, 2018

“Mean” Employer Behaviour leads to $750,000 Damages Award

It may not measure up to damage awards you’ll find south of the border but a recent decision from the Ontario Superior Court of Justice has s...

Read More

Dec 14, 2017

To the surprise of NO ONE, using Vulgarity against a Co-worker even one time, was one time too many

A recent decision by Alberta’s Court of Queen’s Bench has provided support for employers who act swiftly in terminating an employee who...

Read More

Oct 26, 2017

Court Finds Expectation of Bonus Not Reasonable When Employee Not Actively Working

A properly drafted employment contract that determines an employee’s entitlements upon termination can reduce the likelihood of protracted li...

Read More

Sep 21, 2017

Employers - Be Cautious When Dismissing Employees Where Ulterior Motives Involving Union Politics May Taint a Harassment Complaint

In a recent decision, Arbitrator Slotnick commended the employer for taking a hard line against sexual harassment but also criticized the employer ...

Read More

Aug 10, 2017

Court of Appeal Rules that Just Because Your Contract is Breached, it Doesn’t Mean you were Fired

A recent decision of the Ontario Court of Appeal stands as a reminder to employees that not all breaches of contract by the employer are sufficient...

Read More

Nov 17, 2016

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...

Read More

Sep 22, 2016

By Susan Crawford

Money Doesn’t Matter!

Financial Circumstances of Employer Not a Proper Factor in Assessing Reasonable Notice As employer counsel, it is not unusual for us to hear from ...

Read More

May 12, 2016

Employee Not Constructively Dismissed, Employer Ordered to Pay Damages

In many instances employers will litigate against the assumption of a power imbalance, an employee viewed as the party in need of protection. This ...

Read More

Mar 3, 2016

Cumulative Breach of Ethics Upheld as Proper Dismissal for Cause

Asserting and establishing just cause when faced with an action of wrongful dismissal is a difficult and often unsuccessful avenue for employers. E...

Read More

Feb 18, 2016

Avoiding the Word “Severance” Doesn’t Mean You Didn’t Receive it

A recent decision from the Court of Appeal for BC has exhibited some rarely seen leniency towards employers when drafting termination agreements. T...

Read More


Main Office Map
24 Queen Street E.

Suite 500
Brampton, ON  L6V 1A3

P: 905.874.9343  TF: 1.877.874.9343
F: 905.874.1384  E:
Barrie Office  Map

132 Commerce Park Drive
Suite 253, Unit K
Barrie, ON L4N 0Z7

P: 705.719.2107 F: 1.866.525.8128


Sudbury Office  Map

10 Elm Street
Suite 603
Sudbury Ontario P3C 5N3

P: 705.805.0174


Privacy | Accessibility | Disclaimer