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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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Mar 17, 2022

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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