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ARTICLE · 29 MARCH 2022

Trends In Canadian Wrongful Dismissal Cases

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Two recent decisions: Moffatt v Prospera Credit Union [Moffat], from the British Columbia Supreme Court, and Russell v The Brick Warehouse LP [Russell], from the Ontario Superior Court...

CanadaEmployment and HR
David Cassin
David Cassin
Benjamin Reedijk
Benjamin Reedijk
Claire Lingley
Claire Lingley
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How Recent Decisions Signal a Potentially Expanded Approach to Aggravated and Punitive Damages

Two recent decisions: Moffatt v Prospera Credit Union [Moffat], from the British Columbia Supreme Court, and Russell v The Brick Warehouse LP [Russell], from the Ontario Superior Court, highlight what appears to be a developing trend in wrongful dismissal cases in Canada—courts are increasingly scrutinizing employers' post-termination conduct and making awards of aggravated and/or punitive damages.

In both cases, the courts awarded enhanced damages, in addition to compensatory damages for wrongful dismissal, as a result of post-termination conduct by the employers arising principally from deficiencies in the termination letters provided to departing employees. These decisions may be perceived as lowering the threshold for awarding aggravated and/or punitive damages in wrongful dismissal cases across the country.

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