November 25

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.

November 18

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.

October 14

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.

September 28

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.

August 25

$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.

July 21

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.

April 28

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.

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