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…
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…
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…
Senior Executives, Directors and Senior Managers have compensation packages that often include bonuses, stock options, and/or LTIP payments. The Supreme Court of Canada in Matthews v. Ocean Nutrition Canada Ltd. (October 9, 2020) (which was a case out of Nova Scotia) confirmed…
If an employee is terminated and their remuneration package included a bonus component, they should vigorously pursue their claim for damages for the loss of the bonus(es). If payment for the bonus(es) is not included in the Company's proposed severance…
In the 2014 Ontario case of Phanlouvong v. Northfield Metal Products (1994) Ltd., the Court found that punching a co-worker in the face did not constitute just cause and therefore, awarded the Plaintiff damages equivalent to 15 months pay less…
Mr. Rodgers spent his entire professional career in the trucking, freight forwarding and logistics industry. In September, 2009, Mr. Rodgers was 52 years of age and the President of Sameday Worldwide earning a salary of $189,000 plus bonus when he…
Jessica Maciel was just over 4 months pregnant when she was hired for the position of full-time receptionist in two related hair salons in the Erin Mills Town Centre, Mississauga. One hour into her first shift, Ms. Maciel started to…
Employee's Refusal to Return to Work After being Wrongfully Dismissed Constitutes Failure to Mitigate Ms. Frederickson had been employed with the Company as a dental technician assistant for more than 8.5 years when she was laid off by the Company…