Hicks Morley was cited in the May 26, 2014 edition of Benefits Canada in an article entitled “Court reduces award given to bullied employee“. The article references Hicks Morley’s recent FTR Now entitled, “Court of Appeal Reduces $1.45 Million Award to Constructively Dismissed Employee” which reviewed the Ontario Court of Appeal’s decision to reduce the…
Tag: Constructive Dismissal
Court of Appeal Reduces $1.45 Million Award to Constructively Dismissed Employee
The Court of Appeal for Ontario has released its decision in Boucher v. Wal-Mart Canada Corp. This case made headlines in 2012 after a jury trial awarded more than $1.45 million in compensatory, mental suffering, aggravated and punitive damages to Meredith Boucher for her claim that she was constructively dismissed as a result of the…
No Damages Awarded For Failure to Mitigate By Declining Job with Former Employer
In a recent decision of the Court of Appeal for Ontario, Chevalier v. Active Tire & Auto Centre Inc., the Court upheld a trial judge’s finding that an employee who refused an offer of re-employment with his former employer was not entitled to damages: there was no evidence that had he returned to that workplace,…
Court Weighs in on Mitigation and Returning to Work with Former Employer
The Court of Appeal for Ontario has upheld a lower court decision which found the plaintiff (Mr. Chevalier), who had been constructively dismissed, was not entitled to damages after he declined an offer of re-employment from his former employer. It held that the trial judge had properly considered and applied the legal principles, concluding on…
John Field and Lauri Reesor Quoted in Canadian Labour Reporter
Hicks Morley’s John Field and Lauri Reesor were quoted in the May 27, 2013 edition of Canadian Labour Reporter in an article entitled, “Navistar workers lose bid for class-action lawsuit.” The article discusses the Ontario Superior Court’s recent dismissal of a proposed class action brought by unionized employees who alleged that they were constructively or…
There is Nothing Common About a Constructive Dismissal
In the first case of its kind, the Ontario Superior Court of Justice has denied a motion for certification of a class action for constructive dismissal on the basis that it lacked the essential element of commonality. The decision has very significant implications for employers, particularly in the context of employers’ approaches to managing and…
Information & Privacy Post – 2008 Year In Review
Dear Friends Another year of interesting and significant developments in the law of information and privacy! In 2008 we brought you three editions of the Information and Privacy Post, and have consolidated our case law digests in this Year in Review. It’s written for our management-side client base, but available to all. We hope you…