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ARTICLE · 07 FEBRUARY 2014

The Latest On Punitive Damages In Wrongful Dismissal Cases

Minden Gross LLP
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The recent decision of the Ontario Court of Appeal in The Estate of Pate v. The Corporation of the Township of Galway-Cavendish and Harvey provides interesting insights into the current state of the law on awards of punitive damages in wrongful dismissal cases.

CanadaEmployment and HR
A. Irvin Schein
A. Irvin Schein
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The recent decision of the Ontario Court of Appeal in The Estate of Pate v. The Corporation of the Township of Galway-Cavendish and Harvey provides interesting insights into the current state of the law on awards of punitive damages in wrongful dismissal cases. The rather tragic facts of the case also provide useful guidance to employers inclined to take a heavy-handed approach with terminated employees.

Pate was employed as a building inspector for the defendant Township for almost 10 years until March 1999 when he was fired. The Township claimed that it had uncovered discrepancies regarding building permit fees for which Pate was responsible. Pate was never provided with particulars of these allegations, but the chief building official told Pate that if Pate resigned, the Township would not contact the police. Pate refused to resign.

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