The Supreme Court of Canada’s recent ruling in IBM Canada Ltd. v. Waterman provides a great deal of clarity on the issue of collateral benefits such as pensions in a wrongful dismissal action and whether such a benefit ought to be deducted from the amount owed by the employer on account of
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Wise Law Blog: Ontario Employment Law: Mitigating Damages By Staying With The Same Employer
In Ghanny v. 498326 Ontario Limited, the Ontario Superior Court of Justice was faced with a question that has become all too common in these difficult market conditions. Must an employee whose job is being eliminated by its employer accept the same kind of position at a related company with
Continue readingWise Law Blog: Workers’ Compensation Benefits Curtailed for Injured Antiques Aficionado
An October, 2011, decision by the Nova Scotia Workers’ Compensation Appeals Tribunal should signal to those of us who not only collect, but also repair, show or deal in antiques, that our hobby activities may be scrutinized by adjudicators determining entitlement to benefits arising out of a workplace injury. The
Continue readingWise Law Blog: Ontario Employment Law: Contractual Entitlement to Notice and the Question of Mitigation
In Bowes v. Goss Power Products Ltd., decided May 25, 2012, the Court of Appeal for Ontario was faced with an interesting question of law: Is an employee, who is terminated without cause, required to mitigate his or her loss when entitled to a fix term of notice or pay
Continue readingWise Law Blog: This Week at the Ontario Court of Appeal – January 13, 2012
Each week, Wise Blog looks at recent decisions from the Ontario Court of Appeal. Tuerr Holdings Inc. v. Vrankovic The appellant, Peter Vrankovic, appealed from an order granting summary judgment to the respondent, Tuerr Holdings Inc., on the appellant’s guarantee of a second mortgage on a commercial property owned by
Continue readingWise Law Blog: Ontario Employment Law: Prejudgment Interest On Wrongful Dismissal Damages
In Chandran v. National Bank, Pollak J. in his endorsement on costs dated July 21, 2011, neatly summarizes how prejudgment interest is calculated in a wrongful dismissal action as follows: … [T]he prejudgment interest on the damage award is calculated as follows: – first, the interest owed from the beginning
Continue readingWise Law Blog: Ontario Employment Law: Summary Judgment In Wrongful Dismissal Actions
In Thorne v. The Hudson Bay Company, a case decided September 21, 2011, the Plaintiff, a 37.5 year employee who had been dismissed without just cause sued for wrongful dismissal after receiving a bare-bones severance package that was limited to her E…
Continue readingWise Law Blog: Ontario Court of Appeal: No Hard Cap on Notice Entitlement of Non-Managerial or Unskilled Employees
In Di Tomaso v. Crown Metal Packaging Canada LP, 2011 ONCA 469, a decision of the Ontario Court of Appeal released June 22, 2011, the appellant, Crown Metal Packaging (“CMP”) appealed from an October, 2010 decision of the Superior Court Judge, Justice…
Continue readingWise Law Blog: Ontario Employment Law: Determining The Appropriate Period Of Reasonable Notice
In Harvey v. Shoeless Joe’s Limited, a May 26, 2011 summary judgment ruling of Stinson J. of the Ontario Superior Court of Justice, the Court deals with the two of the questions that are central in every wrongful dismissal action:Is the Plaintiff enti…
Continue readingWise Law Blog: Ontario Employment Law: Exemptions From The Overtime Provisions Of The Ontario Employment Standards Act
As a general rule, if an employee in Ontario works more than 44 hours per week, he or she is entitled to be paid one and one-half times his or her regular rate of pay for each hour worked in excess of 44 hours.Section 22 of the Ontario Employment Stand…
Continue readingWise Law Blog: This Week at the Ontario Court of Appeal: 11-06-24
Each week Wise Law Blog reviews recent decisions from the Ontario Court of Appeal.Di Tomaso v. Crown Metal Packaging Canada LP. An appeal in a wrongful termination case. Mr. Di Tomaso was employed by Crown Metal for over 33 years as a mechanic, and inf…
Continue readingWise Law Blog: Ontario Employment Law: Disability and Frustration of An Employment Contract
Frustration of an employment contract occurs when, through no fault of either party, an event occurs that makes the contract impossible to perform. Under Ontario law, where an employee is suffering from a permanent disability with no reasonable prospe…
Continue readingWise Law Blog: Ontario Human Rights Tribunal Digest – April 1-30, 2011
Each week, Wise Law Blog reviews important decisions from the Ontario Human Rights Tribunal.SUBSTANTIVE RULINGSKerry Pinkney v. Datex Billing ServicesIn this case, the applicant alleged discrimination on the basis of sex in employment, contrary to the …
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