Case Comment: Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26
The recent Supreme Court of Canada (the “Court”) decision in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26 [Matthews], […]
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November 03, 2020 by Jeff Bastien
in Constructive Dismissal, Executive Compensation, General, Pensions and Benefits, Wrongful Dismissal
September 19, 2016 by Matthew Curtis
in Constructive Dismissal, Employment Standards, English, Ontario
Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal
An Ontario Court has ruled in Bevilacqua v Gracious Living Corporation, 2016 ONSC 4127 that even in cases where an employer has complied with the temporary layoff provisions of the Employment Standards Act, 2000 (the “Act”), the layoff does not protect the employer from a successful claim in constructive dismissal
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July 11, 2016 by Marie-Noël Massicotte
in Constructive Dismissal, Employment Standards, English, Quebec
Sale of a Business is Not Constructive Dismissal
In the decision 2108805 Ontario Inc. v. Boulad[1] rendered on January 25, 2016, the Quebec Court of Appeal overruled the trial judge who had considered that the change of employer resulting from a change of ownership constituted a unilateral and substantial modification of Mr. Boulad’s essential terms and
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August 27, 2015 by Jeff Mitchell
in Constructive Dismissal, Employment Standards
“You quit!” “No I Didn’t, I’m Sick!”
In Betts v. IBM Canada Ltd., the Court was faced with a dispute between Mr. Betts, who claimed he was legitimately absent from his employment due to illness, and his employer IBM, which claimed that Mr. Betts effectively resigned by not returning to wo...
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March 24, 2015 by Matthew Curtis
in Constructive Dismissal
SCC Says Suspension with Pay can Amount to Constructive Dismissal
A non-unionized employee on an indefinite suspension with pay successfully claimed that he was constructively dismissed by his employer and was entitled to damages for wrongful dismissal. The case involved David Potter, an employee of the New Brunswick...
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January 29, 2015 by Benjamin Iscoe
in Constructive Dismissal, Wrongful Dismissal
Enforcing contracts: The importance of careful implementation
In the Ontario Divisional Court decision of Simpson v Global Warranty[1], the issue was the application of a specific termination clause in an employment contract where the employer violated the contract in the course of the termination. The employer h...
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June 05, 2014 by Catherine Coulter
in Constructive Dismissal
Sanity Prevails: The Tale of a 90% Reduction to a Punitive Damages Award
In the May 2014 Ontario Court of Appeal decision in the case of Boucher v. Wal-Mart, the $1,150,000 in punitive damages previously awarded to Boucher by a jury was reduced to $110,000. The decision represents a good monetary result for Wal-Mart but it ...
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January 11, 2013 by Catherine Coulter
in Constructive Dismissal, Employment Standards, English, National, Wrongful Dismissal
HR Professionals: The Key to Smooth Corporate Acquisitions
Although human resources professionals are not always recognized for their efforts during a corporate acquisition, the work which they do […]
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January 08, 2013 by Blair McCreadie
in Constructive Dismissal, English, Ontario, Wrongful Dismissal
Ontario Jury Awards Ex-Employee $1.4 Million for Mistreatment by Former Manager
In a cautionary tale for employers, a jury in Windsor, Ontario awarded $1.4 million in damages to a former Wal-Mart […]
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July 31, 2012 by Adrian Miedema
in Constructive Dismissal, English, Ontario
Boss’s “Stern Talk”, “No Nonsense” Style did Not Cause Constructive Dismissal
An Ontario judge has decided that an employee who resigned due to her boss’s stern talk and businesslike management style […]
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