In R. v. Trader Corporation, the Ontario Small Claims Court found that a termination provision in an employment contract was unenforceable because its wording created ambiguity about the employee’s termination entitlements. The decision is important for Ontario employees because an unenforceable termination clause may mean that an employee is entitled to reasonable notice at common … Read more
In C. v. VuPoint System Ltd., 2024 ONCA 354, the Ontario Court of Appeal upheld a finding that an employment contract was frustrated after an employee became unable to perform his job because he did not meet a mandatory COVID-19 vaccination requirement imposed by his employer’s dominant client. The client’s policy applied to vendor personnel … Read more
A long-service Ontario employee who was dismissed just hours after returning to work following back surgery was entitled to 24 months of reasonable notice and $50,000 in aggravated damages, the Ontario Court of Appeal has confirmed. In K. v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Court of Appeal upheld findings that the employee’s … Read more
An agreement does not necessarily have to be contained in a formally signed contract to be legally binding. In F. v. R., 2024 ONCA 449, the Ontario Court of Appeal upheld a finding that a binding contract had been formed through an offer and acceptance exchanged by email. Although the case did not involve an … Read more
In a significant decision released June 21, 2024, the Supreme Court of Canada confirmed that employees of Ontario public school boards are protected by section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search and seizure. In York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC … Read more
Employees pursuing a wrongful dismissal claim have obligations throughout the litigation process, including the obligation to disclose relevant documents. In D. v. Precision Resource Canada Ltd., 2024 ONSC 3514, the Ontario Superior Court considered whether a plaintiff’s wrongful dismissal claim should be struck after years of incomplete document production. The court ultimately allowed the claim … Read more
In M. v. 2000007 Ontario Inc., 2024 ONSC 3947, the court considered whether an employee could pursue punitive damages based on allegations that a former employer filed a $1 million counterclaim without a proper factual basis and used it as a tactic to pressure the employee into abandoning his wrongful dismissal case. The court did … Read more
An Ontario employee who spent approximately 40 years working for the same employer was awarded $434,980 after the Ontario Superior Court of Justice found that he had been constructively dismissed. The employee received no notice or termination pay when he was initially told he was being temporarily laid off. He continued performing some work without … Read more
An Ontario employee was awarded more than $571,000 after the court found that his former employer wrongfully dismissed him and engaged in serious bad faith conduct before and after his termination. In K. v. Controlex Corporation, 2023 ONSC 7045, the Ontario Superior Court awarded the employee 24 months of reasonable notice, $50,000 in aggravated damages … Read more
In W. v. 1959612 Ontario Inc., 2024 ONSC 3452, an Ontario court found that an employment agreement’s termination clause was unenforceable because it violated the Employment Standards Act, 2000 (ESA). The employee was therefore entitled to common law reasonable notice rather than the more limited payments set out in the agreement. The court also ordered … Read more