May 24

Navigating the Stormy Waters of Wrongful Dismissal: The Case of Controlex Corporation


In the ever-evolving landscape of employment law, the case of Controlex Corporation, 2023 ONSC 7045, stands out as a beacon for understanding wrongful dismissal, aggravated and punitive damages, and the importance of adherence to procedural justice. This blog post delves into the 2023 Ontario Superior Court of Justice decision by Justice Charles T. Hackland, highlighting key legal takeaways and the implications of this case for both employers and employees.

The Backdrop of the Dispute

The Plaintiff, a long-serving Vice President at Controlex Corporation, found his career abruptly ended following the sudden death of the company’s founder. With no formal employment contract outlining the termination conditions, the Plaintiff was dismissed without a stated cause, receiving only eight weeks of base salary and benefits. This action prompted a wrongful dismissal lawsuit, which proceeded in default due to the Defendant’s failure to participate, despite multiple court orders.

Legal Proceedings Unfold

As the trial commenced without the Defendant’s representation, Justice Hackland applied Rule 15.04(7)(a) to strike the Defendant’s pleadings, treating the allegations in the Plaintiff’s Statement of Claim as true. This pivotal decision underpinned the trial’s
proceedings, focusing on the Plaintiff’s entitlement to common law notice and additional damages due to the manner of dismissal.

Entitlement to Common Law Notice

Central to the dispute was the determination of appropriate compensation for wrongful dismissal under common law, given the absence of a formal employment contract. Drawing upon the “Bardal factors,” Justice Hackland awarded the Plaintiff a 24-month notice period, recognizing the Plaintiff’s significant contributions, age, tenure, and the circumstances surrounding his termination. This aspect of the judgment underscores the court’s approach to compensating long-term employees who are terminated without cause.

Aggravated and Punitive Damages

The case took a notable turn with the court’s consideration of aggravated and punitive damages. The Plaintiff’s dismissal, orchestrated in a manner that Justice Hackland described as “highly disrespectful and offensive,” warranted these additional damages.

The Defendant’s actions, particularly the post-dismissal defamation and unfounded legal claims against the Plaintiff, highlighted a departure from ordinary standards of decency and fairness in the employment context.

Key Legal Takeaways

1) The Importance of Procedural Compliance: The Defendant’s failure to engage in the legal process, despite being peremptorily ordered to do so, served as a cautionary tale for entities involved in litigation. The court’s decision to proceed in default underscores the critical importance of adhering to court orders and participating in legal proceedings.

2) Common Law Notice: The case reaffirms the principle that employees without specific termination clauses in their contracts are entitled to reasonable notice under common law, taking into account their age, position, tenure, and the circumstances of their dismissal.

3) Aggravated and Punitive Damages: The award of aggravated and punitive damages in this case emphasizes the court’s willingness to compensate employees for wrongful acts that extend beyond the mere loss of employment, particularly when such acts involve defamation or unfounded allegations.


The Controlex Corporation decision is a compelling reminder of the complexities surrounding wrongful dismissal and the potential for significant financial consequences for employers who fail to adhere to procedural justice or engage in reprehensible conduct during the termination process. For employees, it highlights the protection afforded under common law for wrongful dismissal and the avenues available for seeking redress beyond contractual entitlements. As the legal landscape continues to evolve, this case serves as a significant point of reference for understanding the interplay between employment contracts, common law entitlements, and the conduct of parties during the termination process.

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