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Frustration of Contract “Occurs as a Matter of Law” and Does Not Require the Employer to Trigger it July 14, 2020, 2 Comments
The Ontario Superior Court confirms frustration of contract “occurs as a matter of law” and does not require an act of the employer to trigger it.
Ontario Court Awards Over $170,000 to a City of Toronto Employee January 21, 2020, No comments
The Ontario Superior Court of Justice awarded a former employee $170,117.84 in damages for unjust dismissal in Headley v. City of Toronto.
Discipline in the Workplace August 26, 2019, 2 Comments
Employers and employees alike often wonder what consequences employers can impose on their employees due to performance issues or misconduct. Here, we provide an overview of discipline in the workplace.
Ontario Court of Appeal Rules on Employer’s Manner of Dismissal – Duty of Good Faith and Fair Dealing June 5, 2019, 2 Comments
In Ruston v. Keddco MFG. (2011) Ltd. Ontario’s highest court recently upheld a substantial damages and costs award against an employer that breached its “duty of good faith and fair dealing in the manner of dismissal.”
Ontario Says Goodbye to the Short-Lived Tort of Harassment May 7, 2019, 1 Comment
Recently, Ontario’s highest court was asked to determine whether a common law tort of harassment exists. In Merrifield v. Canada (Attorney General), an important decision released in March, the Court of Appeal affirmed that there is no su ...
After-Acquired Cause: Can Just Cause For Termination Be Relied Upon After an Employee’s Dismissal? July 16, 2018, 1 Comment
In Aasgaard v Harlequin Enterprises Ltd, an employee who was given reasonable notice of his termination and a reasonable severance offer started his own business during the notice period and transferred his employer’s inventory to his new ...
Employee Awarded Notice, Moral Damages, and Human Rights Damages for Sexual Harassment June 4, 2018, 3 Comments
The Ontario Court of Appeal in Doyle v. Zochem Inc. affirmed a Superior Court of Justice decision to award $60,000 in moral damages plus $25,000 for human rights violations on top of notice to a woman who endured sexual harassment on the jo ...
Canadian HR Reporter: Taxi company not liable for driver’s sexual assault January 17, 2018, No comments
Canadian HR Reporter published an article by Ronald Minken, January 2018: "Taxi company not liable for driver’s sexual assault".