Jan 5

Unpacking the Bank of Montreal Case: Key Takeaways in Employment Law Overview


The employment law case of Bank of Montreal, 2023 ONSC 4829 delves into the intricacies of wrongful dismissal and the challenging aspects of claiming damages beyond the traditional scope. Our exploration will focus on understanding the key legal points and what they mean for employees and employers.

Background of the Case

The plaintiff, a former employee of the Bank of Montreal, brought forth a wrongful dismissal claim after being terminated in May 2019. The plaintiff, who held a senior executive position, sought damages for breach of contract, including claims for unpaid incentive compensation, compensation during the notice period, and other benefits totalling approximately $17 million. Furthermore, the plaintiff moved to amend his statement of claim to add $10 million for unjust enrichment and disgorgement of profits.

The Core Legal Issues

The pivotal issues in this case revolve around wrongful dismissal and the extent of damages an employee can claim. Wrongful dismissal occurs when an employer terminates an employee without proper notice or compensation in lieu of notice. Generally, employees are entitled to reasonable notice or pay in lieu, often calculated based on factors like the length of service, age, and the nature of their job. In this case, the plaintiff sought a 36-month notice period, significantly longer than usual.

The case also raised questions about the legitimacy of claims for unjust enrichment and disgorgement in the context of wrongful dismissal. Unjust enrichment occurs when one party benefits at the expense of another in circumstances that the law views as unjust. Disgorgement is a remedy aiming to strip the wrongdoer of unjust gains.

Court’s Decision and Reasoning

Matheson J. dismissed the appeal, upholding the earlier decision that denied the plaintiff’s motion to amend his statement of claim. The court found that the additional claims for unjust enrichment and disgorgement were not tenable. For unjust enrichment to succeed, there must be an enrichment or benefit to the defendant, a corresponding deprivation to the plaintiff, and the absence of a juristic reason for the enrichment. The court determined that these conditions were not met in this case, particularly the aspect of corresponding deprivation.

Legal Takeaways

(1) Scope of Damages in Wrongful Dismissal: This case highlights that while wrongful dismissal claims can include various forms of compensation, there are limits to what can be claimed. Traditional claims include lost wages and benefits during the notice period, but extending these to include claims for unjust enrichment or disgorgement is not straightforward and often unsuccessful.

(2) Unjust Enrichment in Employment Cases: The decision illustrates the challenges in proving unjust enrichment in the context of employment law. It is not enough to show that the employer benefitted; there must be a direct link to the employee’s loss.

(3) Importance of Pleading Standards: The plaintiff’s failure to amend his Statement of Claim underscores the importance of meeting the legal standards for pleading. Claims must be legally tenable and supported by facts.

(4) Complexity of Employment Termination: The case serves as a reminder of the complexities involved in termination of employment and the legal intricacies in seeking compensation beyond standard wrongful dismissal damages.


This is a case that underscores the complexities of employment law, particularly in the realm of wrongful dismissal and the scope of damages. It emphasizes the importance of understanding the legal framework governing employment relationships and the limitations of certain claims. For employers and employees alike, this case serves as a reminder of the nuances involved in termination disputes and the importance of legal guidance in navigating these waters.

Monkhouse Law is an employment law firm located in Toronto focusing on employees’ issues. Please contact us at 416-907-9249 or fill out this quick form for a free 30-minute phone consultation.