This week, the Supreme Court of Canada (SCC) began its regular
Fall sittings.1 Before the end of the year, the top
court will hear several civil and commercial cases that will impact
the legal landscape in areas such as employment, class actions,
arbitrations, tort, contract, and freedom of expression. Here are a
few cases to watch.
Good Faith in Employment Contracts: Matthews v. Ocean
Nutrition Canada Ltd.
The first case of the Fall sitting calls upon the SCC to
consider the duty of good faith and honest performance in
employment contracts. The plaintiff alleges that he was
constructively dismissed after his employer engaged in dishonest
and bad faith conduct designed to force his resignation. He seeks
damages for wrongful dismissal that include compensation under a
long term incentive plan, which entitled him to a portion of the
proceeds of any sale of the company, if that sale was completed
during his employment (the incentive plan specifically excluded
