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Wrongful Termination Hiring & Firing Employment Standards Act

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Court Reaffirms Importance of Clear and Compliant Language in Employment Agreements

In December 2024, the Court of Appeal for Ontario released its highly anticipated decision in Dufault v. Ignace (Township). The three-judge panel determined that the “for cause” termination clause contained in the employee’s...more

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Ontario, Canada Court Finds Termination Provisions Unenforceable and Awards Employee Punitive Damages

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Wilds v. 1959612 Ontario Inc., 2024 ONSC 3452, involves a wrongful dismissal action in which the employee brought a motion for summary judgment. The court found the termination provisions in her employment agreement were...more

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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving...

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In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more

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Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

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A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more

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Surreptitious Recording of Conversations with Colleagues May Justify Termination of Employment for Cause in British Columbia,...

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In Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112 (Mercer), the Supreme Court of British Columbia dismissed an employee’s wrongful dismissal claim and held that his surreptitious recording of conversations with...more

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Ontario, Canada Court Awards Employee $25,000 in Moral/Aggravated Damages Because Employer Breached Duty of Good Faith and Fair...

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In Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more

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Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

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Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

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