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International Labor Laws Ontario Wrongful Termination

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Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental...

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Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because...more

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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving...

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In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more

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Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

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Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

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Ontario, Canada Court Decides Wrongfully Dismissed Employee’s Rejection of Offer of Comparable Employment Amounts to Failure to...

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In Gannon v. Kinsdale Carriers, 2024 ONSC 1060, the Ontario Superior Court of Justice denied common law reasonable notice to an employee who was wrongfully dismissed from her employment on the basis that she failed to...more

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Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

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An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

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Ontario, Canada Court Awards Employee $15,000 in Moral Damages for Employer’s Bad-Faith Conduct Regarding His Dismissal

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In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, a wrongful dismissal case, the court awarded the plaintiff-employee seven months’ damages for reasonable notice, and $15,000 in moral damages due to the employer’s bad-faith...more

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Ontario, Canada Court of Appeal Addresses How Employers Can Preserve Right to Unilaterally Lay Off Employees Without Being Found...

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In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Ontario Court of Appeal (OCA) found that unless an employee’s employment contract provides otherwise via an express or implied term, an employer’s unilateral lay...more

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“Fixing” the Term of Employment: Fixed-Term Agreement defends against Wrongful Dismissal Claim

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In the recent Steele v. The Corporation of the City of Barrie, 2022 ONSC 7245 decision (“Steele”), the Ontario Superior Court of Justice provided some insight into when longer term fixed-term contracts can be enforceable....more

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Ontario, Canada Court of Appeal Sets Aside Judgment Reducing Employee’s Reasonable Notice Period for Failure to Mitigate

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In Lake v. La Presse, 2022 ONCA 742, the only issue on appeal was whether the lower court erred in reducing the employee’s wrongful dismissal damages for failure to mitigate. The Ontario Court of Appeal (OCA) set aside the...more

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Ontario, Canada Court Determines Plaintiff Employee (Not Independent Contractor) Wrongfully Terminated by Common Employers

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In a wrongful dismissal action against four corporate defendants that were part of a family business, the plaintiff claimed the defendants were common employers, that he was their employee prior to his dismissal, and was...more

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Ontario, Canada Court Strikes Employer’s Defence in Wrongful Dismissal Action After it Continuously Avoids Scheduling its...

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In Ferguson v. Yorkwest Plumbing Supply Inc., 2022 ONSC 4792, an employee who commenced a wrongful dismissal action via Ontario’s Simplified Procedure rules was granted an order striking the employer’s statement of defence...more

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Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

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A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more

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Ontario, Canada Court of Appeal Decides Employer Was Justified in Terminating Employee for Cause for Sexual Harassment

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In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728 (A.O. Smith), a long-term senior employee’s co-worker alleged that the employee sexually harassed her. After a workplace investigation that determined the co-worker’s...more

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Ontario, Canada Court Ends Injunction Staying Termination of Unvaccinated Employees under Mandatory COVID-19 Vaccination Policy on...

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On October 29, 2021, in Blake v. University Health Network, 2021 ONSC 7139 (Blake), the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of...more

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Ontario, Canada Court Finds With-Cause Dismissal of Long-term Fiduciary Employee Justified

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In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 5005, the Ontario Superior Court found that the Chamber of Commerce (COC) was justified in dismissing with cause a 75-year-old, long-term employee with no prior...more

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Ontario, Canada Court Finds Performance Concerns “Irrelevant” in Context of No-Cause Dismissal

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In Kaminsky v Janston Financial Group, 2020 ONSC 5320, Ontario’s Superior Court reminds employers they will not be entitled to plead cause in response to a wrongful dismissal claim if at the time of dismissal, the employer...more

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Ontario, Canada Court Confirms Employers that Revoke Accepted Employment Offers May be Liable for Damages

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In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more

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Ontario, Canada Court Holds Employee’s Title Alone Insufficient to Characterize Job Position in Assessment of Reasonable Notice

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In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415, one of the first decisions from Ontario’s Superior Court since the COVID-19 pandemic began, the court focused on an employee’s responsibilities rather than his...more

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Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

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Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

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