November 03, 2020 by Jeff Bastien in Constructive Dismissal, Executive Compensation, General, Pensions and Benefits, Wrongful Dismissal
  • Comments Off on Case Comment: Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26

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], […]

Read More →
September 19, 2016 by Matthew Curtis in Constructive Dismissal, Employment Standards, English, Ontario
  • Comments Off on Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

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

Read More →
July 11, 2016 by Marie-Noël Massicotte in Constructive Dismissal, Employment Standards, English, Quebec
  • Comments Off on Sale of a Business is Not Constructive Dismissal

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

Read More →
August 27, 2015 by Jeff Mitchell in Constructive Dismissal, Employment Standards
  • Comments Off on “You quit!” “No I Didn’t, I’m Sick!”

“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...

Read More →
March 24, 2015 by Matthew Curtis in Constructive Dismissal
  • Comments Off on SCC Says Suspension with Pay can Amount to 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...

Read More →
January 29, 2015 by Benjamin Iscoe in Constructive Dismissal, Wrongful Dismissal
  • Comments Off on Enforcing contracts: The importance of careful implementation

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...

Read More →
June 05, 2014 by Catherine Coulter in Constructive Dismissal
  • Comments Off on Sanity Prevails: The Tale of a 90% Reduction to a Punitive Damages Award

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 ...

Read More →