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Ever since the Supreme Court's ruling in the now-famous (at least in employment circles) Evans v. Teamsters case, employers have had a new "weapon" at their disposal in wrongful dismissal cases: mitigation.

The British Columbia Supreme Court recently answered the controversial question of whether an employer's enforcement of a mandatory vaccination policy can be considered constructive dismissal.

Employers regularly have to deal with issues involving problem employees, such as persistent absenteeism, inappropriate behaviour or substandard work.

In August, 2020 Loblaw Companies Limited implemented a mandatory masking policy due to the ongoing impacts of the COVID-19 pandemic.

When an employee claims damages for wrongful dismissal, they are typically required to do their very best in mitigating any damages relating to loss of income following the dismissal ...

A recent decision of the BC Supreme Court went in favour of an employee who was terminated by her employer for alleged conflict of interest and breaches of policy.

In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees' Union (Termination for Non-Culpable or Innocent Absenteeism), [2016]...

The key case setting out the factors to be considered when determining the applicable common law notice period is Bardal v. Globe and Mail, [1960] O.J. No. 149.

The media has taken a keen interest in a recent story about Shauna Hunt, the CityNews reporter who recently confronted a group of men outside a Toronto FC game.

In May of 2020, in response to the burgeoning COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 under the Employment Standards Act, 2000 ("ESA").

Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128 (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages...

Employers can breathe a sigh of relief after the Ontario Court of Appeal (the "Court of Appeal") reduced the unconventional 30 month notice period awarded to a long-service

The Ontario Superior Court of Justice has recently decided a motion in Kimball v. Windsor Raceway Inc. and decided that it will have to hold a full trial to determine a dispute of alleged wrongful dismissal.

When an employment relationship deteriorates, an employer can be tempted to terminate an employee for cause especially where the employee would otherwise be entitled to a substantial payment upon termination.

In a recent decision from the Ontario Superior Court, the court clarified whether an employee was entitled to commission payments after the termination of his employment, but during his "common law" notice period.

In Lancia v. Park Dentistry, released on February 7, 2018, the Ontario Superior Court of Justice granted summary judgment against an employee who claimed that she had been constructively ...

In Wisser v. CEM International Management Consultants Ltd. 2022 ABQB 414, Alberta Court of Queen's Bench (as it then was) confirmed the oppression remedy can ground liability...

When going about the decision to lay-off an employee, it is important that you are aware of your rights to ensure the lay-off is valid.