Tag: Wrongful Dismissal

Solicitor-Client Privilege Does Not Necessarily Arise Where Lawyer Copied on Internal HR Email

· 2 min read

Is an email sent by a human resources employee and copied to the employer’s lawyer covered by solicitor-client privilege? The Ontario Superior Court of Justice recently answered this question in Jacobson v. Atlas Copco Canada Inc. This action involved a plaintiff’s claim for wrongful dismissal. His employment had been terminated for allegedly participating in a…

Another Reminder to Employers: Draft Termination Notice Provisions with Care

· 3 min read

The Ontario Superior Court has reaffirmed that if a termination provision in an employment contract does not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”), it will be considered null and void. In Miller v. A.B.M. Canada Inc., the plaintiff, Mr. Miller, was a management accountant. He was hired into the position…

Common Law Notice – Can Employers Deduct STD and LTD Payments?

· 3 min read

As demonstrated by the Ontario Superior Court’s recent decision in Diamantopoulos v. KPMG LLP (“KPMG“), the answer to this question is still “it depends.” In determining the issue, courts will look at a number of contextual factors to determine “the intention of the parties” when they entered the employment agreement. In KPMG, the plaintiff commenced a…

Supreme Court of Canada Speaks on the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages

· 7 min read

The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman“). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…

Supreme Court of Canada Provides Clarity to the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages

· 7 min read

The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman”). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…

Is Drinking and Driving Cause for Dismissal?

· 3 min read

In some circumstances, yes. In the recent decision of Dziecielski v. Lighting Dimensions Inc., the employee drove a company vehicle while intoxicated. He was returning to the workplace from a customer visit and a lunch where he drank four beers, when he was involved in a car accident which destroyed the vehicle and left him…

Raising the Bar – Sixth Edition

· 18 min read

“There are far, far better things ahead than any we leave behind. “                                                                                           C.S. Lewis Dear Friends, Welcome back from the summer! We hope that all of our readers had a chance to get in some rest and relaxation with friends and family over the past few months, and we are sure that you…

Susan Nickerson Quoted in Canadian Lawyer

Hicks Morley’s Susan Nickerson was quoted in the February 2013 edition of Canadian Lawyer. In an article entitled, “The pension conundrum”, Susan comments on a British Columbia case where two employees won a wrongful dismissal claim which focused entirely on projected losses associated with their pensions. Susan states, “the concept of being in a pension…

The Latest Developments in the Law of Wrongful Dismissal: Updates on Written Contracts and Mitigation, Constructive Dismissal, Cause for Dismissal and Damages (Accredited)

  Agenda The purpose of this session is to provide in-house counsel with an update on recent developments in key areas of employment law and to discuss the professional implications unique to their role as advisor to an organization. Constructive Dismissal Recent developments in the law of constructive dismissal will be canvassed, including attempted claims…