Practice Area: Litigation

Supreme Court of Canada Majority Rules “Unjust Dismissal” Provisions of Canada Labour Code Prohibit Without Cause Dismissals of Non-Unionized Employees

· 8 min read

In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.

Employer’s Egregious Mistreatment of Disabled Employee Leads to Increase in Damages Award

· 4 min read

In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…

Appellate Court Finds Settlement for Payment of Bonus Enforceable Despite Breach of Non-Compete Clause

· 3 min read

The Court of Appeal recently upheld a motion judge’s finding that an employer was required to pay a bonus despite the fact that the dismissed employee was in breach of a non-compete clause. In Wilson v. Northwest Value Partners Inc., the parties entered into a settlement at mediation regarding Wilson’s claim for benefits (inclusive of…

Full Payout to End of Fixed Term Contract in Case of Early Termination, No Duty to Mitigate

· 3 min read

In Howard v. Benson Group Inc. (The Benson Group Inc.), the Ontario Court of Appeal ruled that in the absence of an express provision specifying a pre-determined notice period or pay in lieu (for early termination without cause), on the early termination of a fixed term contract an employee is entitled to the wages the…

Court Reaffirms Broad Academic Discretion of Universities

· 2 min read

In Tran v. University of Western Ontario, the Ontario Superior Court recently considered both the ability of an institution to shield itself from civil action on the basis of “academic discretion” and the liability of the individual employees of the institution in exercising such discretion. Justice Dunphy accepted that universities enjoy broad discretion in respect of academic…

BC Court Dismisses CFL Concussion Case for Lack of Jurisdiction

· 5 min read

In a recent decision that has garnered media attention, the Supreme Court of British Columbia concluded it was without jurisdiction to hear claims brought against the Canadian Football League (CFL), its teams and various individuals relating to concussions alleged to have occurred to a former professional football player…

Appellate Court Finds Restrictive Covenant Not Enforceable Where Party Had No Legitimate/Proprietary Interest to Protect in Territory

· 3 min read

The Ontario Court of Appeal recently found that a restrictive covenant was unreasonable because the respondent, who sought to enforce the covenant, did not have a legitimate or proprietary interest to protect within the territorial scope of the covenant. In MEDIchair LP v. DME Medequip Inc., the Court was asked to decide whether the application judge had erred in finding that the restrictive covenant (provided in the course of a sale of business) was reasonable in scope, having regard to the legitimate or proprietary interest of the respondent.

Disclosure of Disability Post-Termination Won’t Negate Dismissal for Cause

· 2 min read

Is an employer obligated to set aside the termination of an employee if the employee subsequently discloses a disability? The Ontario Court of Appeal has seemingly answered this question in the case of Bellehumeur v. Windsor Factory Supply Ltd. and provided clarity to employers regarding their ability to discipline inappropriate workplace conduct perpetrated by employees who suffer…