December 21, 2018 by Benjamin R. Young in Wrongful Dismissal
  • Comments Off on Reasonable Notice Damages for Wrongful Dismissal Cannot be Determined via Summary Judgment

Reasonable Notice Damages for Wrongful Dismissal Cannot be Determined via Summary Judgment

The decision from of the Court of Queen’s Bench of Alberta in Coffey v. Nine Energy Canada Inc., 2018 ABQB 898 [Coffey], provides clarity amidst the conflicting jurisprudential landscape regarding whether the assessment of damages for a termination without cause is appropriate for summary judgment.

In Coffey, the Plaintiff had commenced

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January 05, 2018 by Andy Pushalik in Wrongful Dismissal
  • Comments Off on 10 Employment Law Cases That You Should Remember from 2017 (in 280 characters or less)

10 Employment Law Cases That You Should Remember from 2017 (in 280 characters or less)

As we begin 2018, we bring you a review of 10 employment law cases that we thought were worth tweeting about in 2017.

  1. Buchanan v. Introjunction Ltd, 2017 BSCS 1002 – Employee who was dismissed before actually starting work gets 6 weeks’ notice.
  2. Brake v. PJ-M2R Restaurant Inc., 2017 ONCA

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February 05, 2016 by Catherine Coulter in Wrongful Dismissal
  • Comments Off on The Final Word on Dependent Contractors

The Final Word on Dependent Contractors

I wrote last year about the Ontario Superior Court of Justice’s decision in the case of Keenan v. Canac Kitchens (a link to same can be found here:  http://www.employmentandlabour.com/?s=Canac).   Last week the Ontario Court of Appeal upheld the S...

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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...

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December 01, 2014 by Maria Faraci in English, Ontario, Wrongful Dismissal
  • Comments Off on An Offer They Can’t Refuse – The Dangers of Recruiting High Level Employees

An Offer They Can’t Refuse – The Dangers of Recruiting High Level Employees

An employer is paying the price for dismissing an employee who was recruited with an attractive job offer. Bruce Rodgers had been the president of a transportation company for 11 years when CEVA Freight Canada Corporation approached him with a job oppo...

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October 06, 2014 by Jeff Mitchell in Employment Standards, Wrongful Dismissal
  • Comments Off on School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated.  During her employment, Ms. Fair had developed a psychiatric disorder, namely, generalized anxiety disorder....

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November 22, 2013 by Catherine Coulter in English, Human Rights, National, Ontario, Workers' Compensation, Wrongful Dismissal
  • Comments Off on Human Rights claims in the Ontario courts – Now What?

Human Rights claims in the Ontario courts – Now What?

Way back in 2008, the Ontario Human Rights Code was amended to permit human rights claims to be piggybacked onto wrongful dismissal actions in the Ontario courts.  Prior to that time, the only recourse for an employee with a discrimination claim was to make a complaint to the [then] Human

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