In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, the Ontario Superior Court considers the tort of human trafficking for the first time. The employer was also required to pay $185,000 to the Plaintiff for constructive dismissal, violations of Ontario’s Human Rights Code, and the torts of battery and assault. Facts of the Case.
Ontario Superior Court Decided Previous Experience Mattered When Determining Common Law Notice
In Chin v. Beauty Express Canada Inc., 2022 ONSC 6178 (“Beauty Express”), the Ontario Superior Court considered an employee’s service with her previous employer in calculating her total years of service. The Plaintiff was a part-time aesthetician at Beauty Express, a salon located in The Bay. She began working for Beauty Express in 2013 after.
Misclassified Ontario Employee Awarded $70,000 in Default Judgment
In Baker v. Fusion Nutrition Inc., the Ontario Superior Court awarded $70,000 in damages in a default judgment. The plaintiff was hired to work with the defendant’s Head of Global Sales. The plaintiff was hired as an independent contractor under a fixed-term contract with a duration of one year. The plaintiff claimed they were misclassified.
Hudson’s Bay Company Pays $55,000 in Moral and Punitive Damages
In a recent decision of the Ontario Superior Court, Pohl v. Hudson’s Bay Company, Justice Centa awarded $55,000 in moral and punitive damages to a former employee of the Hudson’s Bay Company (“HBC”). The employee had been working as a Sales Manager with HBC for 28 years when he was terminated without cause at the.
Rolling Limitation Periods and Ontario Court of Appeal
The Ontario Court of Appeal finds that rolling limitation periods do not apply for periodic payments when an employee is aware of a potential breach from the beginning. The recent decision of the Ontario Court of Appeal for Karkhanechi v. Connor, Clark & Lunn Financial Group Ltd., confirms this principle. Here, the employee’s case was.
$50,000.00 in Moral Damages For Wrongful Dismissal: An Employer’s Lesson in Honesty
Recently, the Ontario Superior Court of Justice awarded an employee $50,000.00 in moral damages because their employer dishonestly conducted their dismissal. In Gascon v. Newmont Goldcorp 2022 ONSC 2511, the Plaintiff was a General Manager of a mine, Goldcorp’s Red Lake Mine, which in 2019 was acquired by Nemont Mining Corporation, the parent company of the.
24 Months’ Notice and Lifelong Flight Privileges for Wrongfully Dismissed Air Canada Employee
In the face of a pandemic decimating the airline industry, Air Canada made the decision to lay off and terminate a significant portion of its workforce. The Plaintiff in Ruel v Air Canada was one of those impacted by this decision. The Plaintiff commenced a wrongful dismissal suit seeking damages for the tangible and intangible.
Unenforceable Termination Clause Can Not Be Overridden by Sophistication, Legal Advice, and Intent to Comply
The Ontario Court of Appeal decision in Rahman v. Cannon Design Architecture Inc., 2022 ONCA 451, overturns a Superior Court decision where it was held that the sophistication of an employee, obtaining legal advice, and both parties intending to comply with the Employment Standards Act (ESA) were sufficient factors to override an otherwise unenforceable termination.
Certified Action Allowed to Proceed for Systemic Negligence against the RCMP
On March 19, 2022, the Supreme Court of Canada (“SCC”) denied leave to appeal the decision to certify a class proceeding in Canada v Greenwood, 2021 FCA 186. The SCC’s decision denying leave to appeal provides a gateway for the representative plaintiffs in this case to seek compensation for damages arising from issues of systematic.
Ontario Court Awards 24 Months’ Notice: COVID-19 and Disability Factored In
In a recent wrongful termination case, Sandham v Diamond Estates Wines & Spirits, the Ontario Superior Court awarded 24 months’ notice to a 64-year-old former National Brands Manager for Diamond Estates Wines & Spirits. The Plaintiff worked for Diamond Estates for over 22 years before being terminated near the end of his career. Throughout his career at Diamond Estates, the Plaintiff.