Court Confirms Mitigation Efforts Do Not Extend Limitation Period

In Andrew Scott v. Community Living Temiskaming South, 2021 ONSC 5402, Justice Koke confirmed the importance of bringing employment-related legal claims to the right forum and confirmed that, in the context of claims for constructive dismissal, remaining with your employer to mitigate your damages will not extend the two year limitations period for commencing an…

Appellate Court Overturns WSIAT Decision That Held Constructive Dismissal Claim Barred by WSIA

In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…

Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law

In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…

Human Resources Professionals Association, Durham Chapter: Labour and Employment Law Conference

Overview Join the Human Resources Professionals Association (HRPA) Durham Chapter on June 4th, 2021 for the latest information in HR Law. Joining the chapter are Hicks Morley partners Mark Mason, Natasha Monkman and Stephanie Jeronimo, and associates Alia Rashid, Allison MacIsaac, Carey O’Connor, Grant Nuttall and Sean Reginio. Learning objectives: Trends in Employment Law Recent…

Superior Court Finds Ontario’s IDEL Regulation Does Not Preclude Constructive Dismissal Claim at Common Law

The Ontario Superior Court recently considered the interaction of the Infectious Disease Emergency Leave Regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA)and a claim for constructive dismissal at common law. In Coutinho v. Ocular Health Centre Ltd., the Court dismissed the employer’s position that the IDEL Regulation constituted a defence to a…

Ontario Court of Appeal Upholds $1.27 Million Damages Award Against Employer for Breach of Fixed-Term Employment Contract

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Court of Appeal upheld a lower court decision awarding the respondent over $1.27 million in damages for constructive dismissal. Background The respondent had sold his family’s funeral business to the appellant employer and entered into a 10-year transitional consulting services agreement (TCSA) in 2012….

Advantage CPD: Coping with Change – Constructive Dismissal Considerations in the Time of COVID-19

COVID-19 has impacted many aspects of our lives, including employment. In this ever-changing world, employers must respond to the terms and conditions of their employees’ employment. The extent and consequences of change requires strategies which are critical to this assessment. This program aims to provide employers with tools to mitigate risk of a constructive dismissal claim.

Appellate Court: Employee Can’t Transform Employer’s Supportive Leniency (Allowing Flexibility in Her Start Time) into Contractual Obligation

The Ontario Divisional Court recently considered the issue of whether flexibility offered by an employer to an employee alters a fundamental term of the employee’s employment contract. In Peternel v. Custom Granite & Marble Ltd., the Divisional Court upheld a trial judge decision that the employee’s 8:30 a.m. start time at work was an existing…

$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…

Benefits Canada Publishes an Article by Thomas Agnew on Constructive Dismissal and the Duty to Mitigate Damages

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Constructive Dismissal and the Corresponding Duty to Mitigate Damages.” In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. This case serves as an important…