On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the Canada Emergency Response Benefit (CERB) should not be deducted from wrongful dismissal damages. The Court of Appeal held that broader policy considerations,…
Practice Area: Litigation - Wrongful & Unjust Dismissals
Nigel McKechnie
Nigel has a keen interest in trial advocacy. He has developed an expertise in the rules of evidence and litigation strategy, and in applying the Rules of Civil Procedure.
Diane Harbin
Diane provides strategic advice and representation to employers in both the private and public sectors on a wide-range of labour, employment and human rights issues. This includes wrongful dismissal actions, disability related litigation, labour disputes, grievance arbitrations, and human rights and accommodation.
British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages
On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…
Advantage CPD: University Faculty Bargaining – Hot Topics Webinar
2021 is a big year for faculty bargaining in the University sector. To ensure you are ready, we have put together a webinar that flags the hot topics in the sector as you prepare to head to the bargaining table.
Rachel M. Counsell
Rachel provides advice and representation to employers and management in both the private and public sectors on a wide range of employment issues. She has appeared before the Superior Court of Justice and Court of Appeal in Ontario. Her advocacy practice includes class actions, wrongful dismissal claims, unjust dismissal claims, harassment complaints, worker’s compensation claims and disability claims.
Advantage CPD: COVID-19 Catch-up – What Employers Need to Know About the New Changes
A lot can change in a week. With a view to containing the COVID-19 pandemic, there has been a flurry of announcements at the provincial and federal levels, including a Declared Emergency by the Ontario Government. From the mandatory closure of certain facilities, to the waiving of the waiting period for Employment Insurance (EI) sickness benefits for quarantined employees, closure of borders to non-essential travel, extension of the EI work-sharing program, and prohibited gatherings of over 50 people, new measures are being announced at a rapid pace.
School Board Management Conference 2019
Change is a constant in the human resources world, particularly for Ontario’s school boards. Ongoing developments in the law, whether through new legislation, arbitrations or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals, directors of education, supervisory officers and trustees.
$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts
In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…
Wrongful & Unjust Dismissals
Understanding and navigating issues that arise upon the termination of an employment relationship is no simple matter – particularly with ongoing changes in employment standards legislation, complex human rights issues and advances in technology.