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In Brito v Canac Kitchens, the Ontario Court of Appeal upheld the Ontario Superior Court of Justice’s decision that the employee be awarded damages for loss of disability benefits throughout the common law notice period.
A funeral home brought an action against a newly formed competing funeral company for theft and misuse of confidential information, improper solicitation of clients, and unfair competition through false and misleading statements.
Read about how the reduction and removal of aggravated and punitive damages demonstrates continued confusion amongst Canadian courts.
Employers are obligated to act in good faith and fair dealing in the course and manner with which they carry out employee dismissals. An employer’s failure to fulfill this obligation may result in the employee being awarded damages for ba ...
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.
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.
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.
There is no general duty prohibiting employees from competing with a former employer after their employment ends.
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