In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more
2/21/2025
/ Breach of Contract ,
Canada ,
Contract Terms ,
Damages ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Notice Requirements ,
Ontario ,
Severance Agreements ,
Severance Pay ,
Termination
In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, a wrongful dismissal case, the court awarded the plaintiff-employee seven months’ damages for reasonable notice, and $15,000 in moral damages due to the employer’s bad-faith...more
In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human...more
1/18/2023
/ Canada ,
Damages ,
Employees ,
Exploitation ,
Foreign Workers ,
Hostile Environment ,
Human Trafficking ,
International Labor Laws ,
Labor Law Violations ,
Ontario ,
Tort ,
Vulnerable Victims ,
Work Permits
In Reotech Construction Ltd. v Snider, 2022 BCSC 317 (Reotech), the Supreme Court of British Columbia found that the trial court erred when it did not deduct the employee’s $9,000 Canada Emergency Response Benefit (CERB)...more
In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more
6/29/2021
/ Bonuses ,
Canada ,
Compensation & Benefits ,
Damages ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
International Labor Laws ,
Mitigation ,
Notice Requirements ,
Wage and Hour ,
Wrongful Termination
To date, few decisions in Canada have considered whether the amount of the Canadian Emergency Response Benefit (CERB) employees receive after their job termination should be deducted from their damages in lieu of common law...more
6/9/2021
/ Adverse Employment Action ,
Canada ,
Coronavirus/COVID-19 ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Fair-Notice Standard ,
Hiring & Firing ,
Infectious Diseases ,
Layoffs ,
Wrongful Termination
In Porcupine Opportunities Program Inc. v Cooper, 2020 SKCA 33 (Porcupine), the Saskatchewan Court of Appeal affirmed, among other things, that a trial court appropriately decided to award $20,000 in moral damages to an...more
Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context. In this decision, Justice Kristjanson of the Ontario Superior...more
2/14/2020
/ Canada ,
Corporate Counsel ,
Damages ,
Emotional Distress Damages ,
Employer Liability Issues ,
Evidence ,
False Light ,
International Labor Laws ,
Intrusion Upon Seclusion ,
Invasion of Privacy ,
Material Dissemination ,
Name and Likeness ,
Ontario ,
Privacy Torts ,
Public Disclosure ,
Reputational Injury ,
Restatement of Torts
In a new Ontario Court of Appeal case, the appellate court upheld the trial court’s judgment in favor of the plaintiff in the amount of $60,000 for moral damages, $55,849 for wrongful dismissal, $25,000 in human rights...more