Ontario Court of Appeal Rejects Double Counting

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In decision released on August 22, 2010, The Alberta Court of Appeal accepted and affirmed the trend of Canadian Appeal courts to limit the scope of damages for wrongful dismissal to harm arising solely from the failure to give adequate notice of dismissal. Employers will not be liable for mere "sloppy conduct." In order to justify damages above compensation for lost income and benefits, the dismissed employee will have to prove that the employer acted with "...malice, or blatant disregard for the employee."

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