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What Is Bad Faith Dismissal and When Are Damages Available for Bad Faith Dismissal?

Posted On: January, 21 2015
Merrill Lynch Canada Inc. v. Soost (2010), 84 C.C.E.L. (3d) 241, 2010 ABCA 251; Soost v. Merrill Lynch Canada Inc., [2010] S.C.C.A. No. 399 [“Soost”] On April 14, 2011, the Supreme Court of Canada refused to grant leave to appeal the recent decision of… more »

An Employee’s Disclosure of Disability to Employer Will Trigger Duty to Accommodate: Human Rights Tribunal of Ontario

Posted On: January, 21 2015
Machado v. Terrace Ford Lincoln Sales is a recent case from the Human Rights Tribunal of Ontario (the “Tribunal”) confirming that employers must take steps to accommodate employees who disclose their disability, even where no prior request for accommodation is made. more »

Superior Court of Justice Affirms Ability of Terminated Employees to Seek Human Rights Code Damages in Wrongful Dismissal Actions

Posted On: January, 21 2015
A recent endorsement by Justice Echlin of the Superior Court of Justice has affirmed that disabled employees who fail to receive appropriate workplace accommodations should be permitted to pursue wrongful dismissal and human rights damages in the Superior Court of Justice, even when these two claims relate to the same set of facts: Anderson v. Tasco Distributors, 2011 ONSC 269. more »

When Does Employment End? The Day of Dismissal or the End of the Notice Period?

Posted On: January, 21 2015
In our previous blog we highlighted the Ontario Court of Appeal’s interesting decision to award a lengthy 9 month notice period to an executive who had 2.5 years of service. In this blog we seek to bring to your attention another interesting determination made by the Court of Appeal in that same case. This determination relates to that executive’s equity stake in the company that employed him. more »

Short Service Executive Awarded Lengthy Notice Period by Ontario Court of Appeal

Posted On: January, 21 2015
A decision recently released by the Court of Appeal for Ontario on February 16, 2011 has clarified a number of important issues in employment law. You can read the full text of the decision here: Love v. Acuity Investment Management Inc., 2011 ONCA 130. more »

Don’t Take “No” for an Answer: Tips for an Effective LTD/STD Benefit Claim

Posted On: January, 20 2015
Short Term (STD) or Long Term disability (LTD) benefits provide income replacement benefits to workers who become temporarily or permanently disabled. more »

Employer’s Unilateral Cost Cutting Measures Amount to Constructive Dismissal: Ontario Superior Court of Justice

Posted On: January, 20 2015
Lorenzo Russo had worked for his employer, Kerr Bros. Ltd., for 37 years, making over $100,000 per annum, when his company decided to introduce cost cutting measures in 2009. more »

Canadian Human Rights Tribunal Reinstates Air Canada Pilots Forced to Retire at Age 60

Posted On: January, 20 2015
In a recent decision released November 8, 2010, the Canadian Human Rights Tribunal (“CHRT”) reinstated two Air Canada pilots initially forced into early retirement, and ordered that they receive compensation for lost income arising from their forced retirement. more »

New Ontario Law Requires Workers to Bring Employment Standards Complaints to Employer before Going to the Ministry of Labour

Posted On: January, 20 2015
The Open for Business Act is a new law recently passed in Ontario that makes a number of changes to the way that the Employment Standards Act is enforced. more »

Notice Periods and Stocks – Recent Decision Turns a $1 Stock Buy-Back into a $3.2M Wrongful Dismissal Award

Posted On: January, 20 2015
In most wrongful dismissal cases the plaintiff’s damages are calculated based on several factors, including the plaintiff’s age, position, years of service, and salary. But what happens when part of an employee’s compensation also consists of stock in the company or stock options? This important issue was recently considered by the Ontario Court of Appeal. more »

Long-Term Employment Contracts – How Long Is too Long

Posted On: January, 20 2015
There has been a lot of recent controversy in the NHL over teams that are trying to sign franchise players to extremely long-term contracts in order to avoid breaching the salary cap. NHL locks horns on Kovalchuk deal – Globe and Mail. The idea behind the long-term contract is that the compensation under the deal is front-loaded, but the overall compensation is averaged over the life of the contract in order to bring the team under the salary cap in the short-term. The New Jersey devils recently raised the ire of the NHL by trying to sign Russian left-winger Ilya Kovalchuk to a record-breaking 17-year, $102-million deal. The league objected to this, and Kovalchuk and the Devils went back to the negotiating table and worked out a new contract for 15 years worth $100 million. more »

Don’t Delay in Making a Human Rights Application – One-Year Limitation

Posted On: January, 20 2015
The Human Rights Tribunal of Ontario has recently decided a number of cases where people have come forward with a human rights claim after the one-year limitation period established for such claims in the Human Rights Code. Unlike civil lawsuits in the courts where plaintiffs generally have 2-years to make their claim, in Ontario’s human rights system applicants generally have only 1-year to make their claim. more »

Denying Disability Benefits to Alcoholics and Drug Addicts Is Discriminatory, Says Ontario’s Top Court

Posted On: January, 19 2015
In a unanimous ruling in September 2010, the Court of Appeal for Ontario has held that denying disability benefits to those who are severely disabled by alcoholism or drug addiction is discriminatory: Director (Ontario Disability Support Program) v. Tranchemontagne, 2010 ONCA 593. more »

Strategic Pre-mediation Advocacy: Maximizing Client Satisfaction

Posted On: November, 27 2014
The primary strategy in dealing with wrongful dismissal files in the early stages involves making judgment calls about which key issues will make a significant difference to a satisfactory settlement or litigation result in the case. While that may be… more »

Client Wins Large Settlement from Disability Insurer

Posted On: November, 25 2014
Our client underwent brain surgery to remove a tumor and required the use of her employer’s group plan long-term disability insurance benefits to recover.  After a failed attempt to return to work, the insurer denied her claim for long-term disability… more »

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