Ontario Court Dismisses Case Quoting That Plaintiff's Behaviour At Trial Likely Same As Behaviour At Work

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In an Endorsement dated September 19, 2025 (SC-24-0000-0033), Deputy Judge Stephen Collinson of the Ontario Superior Court of Justice dismissed the plaintiff's wrongful dismissal claim on the basis that:

• 1-The termination occurred within a valid probationary period; and
• 2-The termination was justified by the plaintiff's conduct.

The case centered on the plaintiff's termination from his position as a forklift operator. The plaintiff was employed under an employment agreement that included a 90-day probationary period.

The plaintiff sought damages for common law reasonable notice, aggravated, and punitive damages. The defendant argued that the plaintiff's probationary status allowed for termination without notice, provided it was done in good faith and the employee had a fair opportunity to demonstrate suitability. Deputy Judge Stephen Collinson agreed with the defense,