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ARTICLE · 21 DECEMBER 2018

Featured Case: Doyle v Zochem Et Al. 2016 ONSC 3188

Martin Smith, the managing partner of the Ottawa office of McCague Borlack LLP, with the able assistance of Desneiges Mitchell and Rachel Leck, associates, successfully reduced a multimillion-dollar wrongful dismissal claim brought by a terminated plaintiff.

CanadaEmployment and HR

Martin Smith, the managing partner of the Ottawa office of McCague Borlack LLP, with the able assistance of Desneiges Mitchell and Rachel Leck, associates, successfully reduced a multimillion-dollar wrongful dismissal claim brought by a terminated plaintiff. In Doyle v Zochem et al., 2016 ONSC 3188, the plaintiff, Melissa Doyle ("Ms. Doyle"), brought a claim against her employer, Zochem, who terminated her ostensibly due to poor work performance. Ms. Doyle not only claimed damages for wrongful dismissal, but also claimed that persistent sexual harassment by employees combined with a botched harassment investigation exacerbated her latent problems with depression, causing her to suffer a significant psychological injury as a result. Accordingly, she further claimed aggravated damages, a breach of the Ontario Human Rights Code, and the tort of intentional infliction of emotional distress, amongst others.

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