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  • Merrill Lynch Wins Appeal over $1.6M in Wrongful Dismissal Damages September 24, 2010, Comments Off on Merrill Lynch Wins Appeal over $1.6M in Wrongful Dismissal Damages

    Is dismissal, in itself, or the stigma arising from it, a matter that can be compensated under law? This question arose when Merrill Lynch appealed extra damages awarded to Kurt Soost, one of its top investment advisors.

  • Wallace Damages Still Kicking Around August 26, 2009, Comments Off on Wallace Damages Still Kicking Around

    The Supreme Court of Canada's highly anticipated decision on the appeal in Keays v. Honda Canada Inc essentially removes the ability of courts to award what has commonly been referred to as Wallace damages.

  • Damages for Mental Distress Require Reasonable Contemplation at the Time of Contracting May 15, 2009, Comments Off on Damages for Mental Distress Require Reasonable Contemplation at the Time of Contracting

    An employee is only able to recover damages for mental distress due to the breach of a contract if it can be shown that such damages were within the reasonable contemplation of the parties at the time the contract was formed.

  • No General Duty Not to Compete With Former Employer January 5, 2009, Comments Off on No General Duty Not to Compete With Former Employer

    There is no general duty prohibiting employees from competing with a former employer after their employment ends.

  • Supreme Court of Canada: the Honda and Keays decision! November 17, 2008, Comments Off on Supreme Court of Canada: the Honda and Keays decision!

    Markham Business Magazine: Honda Canada Inc. v. Keays provides clarification on damages for bad faith in the conduct of dismissal, the difference between bad faith damages and punitive damages, and what an employer may reasonably require of ...

  • Speaker’s Corner: Surprise decision brings surprise results September 26, 2008, Comments Off on Speaker’s Corner: Surprise decision brings surprise results

    Little more then four months after the Supreme Court of Canada heard the appeal of Honda Canada Inc. v. Keays, the court’s decision was released. The court had the opportunity to alter the practice of both employment law and the common la ...

  • Intentional Mistreatment of Employee Leads to Damages August 22, 2008, Comments Off on Intentional Mistreatment of Employee Leads to Damages

    Court demonstrates that deliberate mistreatment of an employee by an employer in order to encourage the employee to resign will not be tolerated.

  • Scrapped damages in Keays Good News for Employers July 16, 2008, Comments Off on Scrapped damages in Keays Good News for Employers

    The Supreme Court of Canada’s decision in Keays v. Honda Canada Inc. was far from what many had expected, but it provides both employers and employees with an important clarification on the limits and expectations associated with an emplo ...