BY SIMRAN BAKSHI, STUDENT-AT-LAW, WISE LAW OFFICEThe enactment of section 46.1 of the Ontario Human Rights Code in June of 2008 provided for a much-awaited civil remedy for human rights claims. The expectation was that a number of human rights cases, particularly those closely related to a civil cause 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: 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: 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 Employment Law: Reprisal For Asserting Rights Pursuant To An Employment Contract Amounts To Wrongful Dismissal
In Brown v. 1714717 Ontario Inc., decided April 26, 2011, the Ontario Labour Relations Board found that an employer had wrongfully terminated the applicant employee when it dismissed her without cause, and in reprisal for requesting and taking time off…
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