The Legal Landscape of Wrongful Dismissal: A Deep Dive into Patene Building Supplies Ltd.

In the case of Patene Building Supplies Ltd, 2024 ONSC 253 (CanLII), the Ontario Superior Court of Justice delivered a nuanced judgment that touches upon several critical aspects of employment law, including wrongful dismissal, cause for termination, and the complexities surrounding workplace injuries and WSIB claims. Justice LeMay’s detailed analysis provides invaluable insights into how the courts navigate the delicate balance between employer rights and employee protections.

Background Facts

The Plaintiff served as the Health Safety and Training Manager for Patene Building Supplies Ltd. for over thirteen years before her termination in December 2019. The termination arose primarily due to issues related to a workplace safety and insurance claim she made, alleging a fall in the company’s parking lot. Notably, her claim’s management, or lack thereof, sparked a series of events leading to her dismissal.

Legal Examination

  1. The Termination for Cause: The crux of the case centered on whether Patene Building Supplies Ltd. had sufficient cause to terminate the Plaintiff’s employment. Justice LeMay meticulously dissected the events leading to the termination, emphasizing the importance of the employer’s trust in its employees, especially in positions of significant responsibility.
  2. WSIB Claim and Employer-Employee Trust: A significant portion of the judgment focused on the handling of the Plaintiff’s WSIB claim. The judge scrutinized the timeline of events, from the alleged accident to the reporting and management of the claim. This examination highlighted the expectations placed on employees to adhere to established protocols for workplace injuries.
  3. Counterclaim for Unpaid Loan: The defendant’s counterclaim to recover a loan from the Plaintiff introduced an additional layer of complexity to the case. This aspect underscored the importance of clear contractual agreements and the challenges in intertwining personal financial transactions with employment relationships.

Legal Takeaways

  • Duty of Honesty and Integrity: The judgment reinforces the principle that employees, especially those in managerial roles, are expected to act with the utmost integrity, particularly when dealing with matters that could affect the employer’s legal obligations and reputation.
  • Reporting Protocols for Workplace Injuries: The case serves as a reminder of the critical nature of timely and accurate reporting of workplace injuries, not just for compliance with legal standards, but also for maintaining trust within the employer-employee relationship.
  • Employment Termination Process: Employers must conduct a thorough and fair investigation before making a decision to terminate employment for cause. This process is crucial for ensuring that the termination is justified and defensible in court.


This case offers a comprehensive overview of several pivotal issues in employment law, particularly around wrongful dismissal and the responsibilities of employees in managing their own workplace injury claims. For employers, it’s a cautionary tale about the importance of clear policies and procedures, and for employees, a reminder of their obligations to their employers, especially in matters affecting workplace safety and compliance.

This outline provides a foundation for a blog post that, when fully developed, will delve into the nuances of the case and its implications for both employers and employees in similar situations.

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