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You are here: Home » Blog » Archives for Wrongful Dismissal
  • Nagpal v. IBM Canada Ltd.: Ontario court emphasizes that resignation must be “clear and unequivocal”

    November 27, 2019

    The Ontario Superior Court considered if an employee’s failure to return to work after disability benefits were denied amounted to a resignation.

  • Termination -- woman with box

    Wrongful Dismissal in Ontario: What it really means

    September 16, 2019

    An employer may terminate an employee without cause but only if the employer provides notice of termination ahead of time or payment in lieu of notice Read More...

  • Retracted Resignation’s Impact on Termination Notice Period – The Ontario Court of Appeal Rules in Theberge-Lindsay v. 3395022 Canada Inc. (Kutcher Dentistry Professional Corporation)

    August 13, 2019

    In this decision, the Ontario Court of Appeal considered the effect of an employee’s resignation and re-employment in a wrongful dismissal case.

  • Reading Contract

    Nagribianko v. Select Wine Merchants Ltd.: Court of Appeal on the Meaning of Probation Period

    July 24, 2019

    In Nagribianko v. Select Wine Merchants Ltd., Ontario’s highest court considered whether a cursory probationary clause contained in an employment co Read More...

  • Contracts and Agreements

    Ontario Court of Appeal Rules on Employer’s Manner of Dismissal – Duty of Good Faith and Fair Dealing

    June 5, 2019

    In Ruston v. Keddco MFG. (2011) Ltd. Ontario’s highest court recently upheld a substantial damages and costs award against an employer that breached Read More...

  • Court House Legislation

    Mitigation Requirement After Termination Further Explained by Ontario’s Highest Court

    April 25, 2019

    Mitigation often requires the employee to try and attain another job in the period after their dismissal. The Court of Appeal’s decision in Brake v. Read More...

  • Wrongful Dismissal and Punitive Damages

    Big Notice Win for Long Term Employee

    April 2, 2019

    Many believe that common law notice is calculated based on 1 month for each completed year of service. While some employees are awarded notice that ap Read More...

  • Man Terminated

    3 Months’ Pay for Termination During Probationary Period

    January 8, 2019

    Last year’s Pound v. iWave exposed the perils of a carelessly drafted employment agreement, when an Employer unintentionally imposed upon itself mor Read More...

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    Employment Law Issues
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    • Bad Faith, Unfair Dealing and Conduct of Dismissal
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