2,191 results found

In the recent case of Shelp v. GoSecure Inc., the Superior Court of Justice (the "Court") ruled through a summary judgement motion that a Plaintiff's independent job search...

How far does a wrongfully dismissed employee have to go to mitigate his or her losses?

In Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal upheld a Superior Court of Justice decision confirming that the duty of honest performance...

In Williamson v. Brandt Tractor Inc., 2026 ONCA 272, the Ontario Court of Appeal (“ONCA”) partly allowed an employer’s appeal, reducing the damages awarded to a wrongfully dismissed employee upon determining...

A recent Court of Appeal decision provides an illustration of when an employee may successfully claim they were unable to mitigate due to physical incapacity.

The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. examines whether forfeiture provisions in restricted stock unit agreements can prevent equity compensation from vesting during an employee's notice period. This ruling addresses the intersection of contractual terms limiting equity-based damages and protections under the Employment Standards Act, 2000, particularly when RSUs constitute a term or condition of employment.

As we all know, there have been a number of court decisions in recent years which have found termination provisions in employment agreements to be unenforceable because those provisions failed...

In Iriotakis, the plaintiff was a 56-year-old sales employee with just over two years of service whose earnings were based heavily on commission.

A recent Alberta Court of Queen's Bench decision held that directors may be personally liable for wrongful dismissal damages in certain cases.

Employment contracts often contain termination rights of the parties. In particular there is often a clause permitting the employer to terminate on a certain period of notice.

Currently, Nova Scotia does not have standardized limitation periods in its Limitation of Actions Act.

The Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 ("Dawe") confirmed that 24 months constitutes ...

In Gagnon & Associates Inc. v Jesso, 2016 ONSC 209, the defendants ("Jesso" and "Cameau") had been working as salesmen for the employer ("Gagnon") for ten years when they resigned.

In a recent ruling the Supreme Court of British Columbia has reaffirmed that notice periods for wrongful dismissal in BC are capped at an upper limit of 24 months, absent special circumstances.

A BC employee has successfully asserted a claim for constructive dismissal after being reassigned to a new position.

In 2020, Loblaw instituted a masking policy for all employees and customers.

An Alberta safety manager has won $28,000 in damages after he was fired by his employer.

This is a rarely argued position, but in Shalagin v. Mercer Celgar Limited Partnership, the British Columbia Court of Appeal upheld the trial judge's decision that the employer had established...