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Frustration of Contract

September 20, 2024

Frustration of contract is a legal concept that means the original “employment contract” as agreed to can no longer be performed due to an unforeseen circumstance that neither party has control over. Where frustration of contract is proven, the employee is not entitled to wrongful dismissal damages at common law.

Freedom of Expression

September 20, 2024

The Supreme Court of Canada, the highest court in our country, has denied Dr. Jordan Peterson’s application seeking leave to appeal the decision of the College of Psychologists of Ontario requiring him to undergo re-education training as a result of the various views he expressed on social media.

Sexual Harassment – What Does an Apology Mean?

December 8, 2023

The Ontario Court of Appeal in Hucsko v. A.O.Smith Enterprises Limited overturned the trial judge’s decision and found that the employer did have just cause to terminate the employee, who was a Senior Product Designer with 20 years of service.

Single Act of Sexual Harassment Constituted Just Cause

December 1, 2023

Conduct in the workplace that was once condoned is now recognized for what it has always been - sexual harassment. This type of conduct will not be tolerated in the Ontario workplace and the offenders may be subjected to disciplinary…

Should Non-Disclosure Agreements be Banned in Workplace Settlements dealing with Sexual Harassment or Violence?

November 24, 2023

On November 6, 2023 the Ontario Provincial Government announced that it was “proposing to conduct consultations on ending the use of NDAs (non-disclosure agreements) in the settlement of cases on workplace sexual harassment or violence.” In employment law, settlement documents contain non-disclosure provision(s).

Wrongful Dismissal – 30 month Notice Period Upheld Due to Exceptional Circumstances

November 6, 2023

The Ontario Court of Appeal in Lynch v. Avaya Canada Corporation (decision dated October 23, 2023) listed the factors upholding the motion judge’s decision that the employee’s circumstances constituted “exceptional circumstances” thereby justifying an award for wrongful dismissal damages based on a…

President/CEO Ordered to Pay Punitive Damages to Prior Employer

October 27, 2023

On October 4, 2023, the Court of King’s Bench of Alberta rendered a very significant decision by awarding the Corporate Employer punitive damages against its prior President and CEO, in the case of Breen v. Foremost Industries Ltd. 2023 ABKB 552. The…

Does Your Employment Contract Have a Termination Clause? Is It Enforceable?

October 19, 2023

This case is a very significant case in the Province of Ontario when determining the enforceability of a termination provision in an employment contract.

Employer’s Conduct Constitutes a Repudiation of the Employment Contract thereby Disentitling it from Relying on the Without Cause Termination Provision

August 9, 2021

In a recent decision of the Ontario Superior Court of Justice (May 2021), Humphrey v. Mene, a 32 year old employee with over 2 ½ years of service earning $90,000.00 per annum plus stock options, recently promoted to Chief Operating Officer…

Statutory Severance Pay – More Employees Will Be Entitled

July 12, 2021

The calculation of payroll under s.64 of the ESA is not restricted to Ontario employment; employment outside of Ontario must be included.

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