Notice Requirements, Canada, Damages

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

Littler on 2/21/2025

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

Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

Littler on 6/21/2022

A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more

Ontario, Canada Court of Appeal Upholds 26-Month Reasonable Notice Period Due to Exceptional Circumstances

Littler on 3/16/2022

In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal (OCA) dismissed the employer’s appeal of a lower court decision in which trial judge held “exceptional circumstances” existed to justify making an...more

Ontario, Canada Court Reduces Reasonable Notice Period Due to the Employee’s Failure to Take Reasonable Steps to Mitigate Damages

Littler on 6/29/2021

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

Employers Take Notice: An Employee’s Entitlement to Benefits Doesn’t Necessarily End at Resignation

Fisher Phillips on 10/16/2020

The Supreme Court of Canada recently awarded damages to a senior level executive in an amount equal to the bonus he would have earned had he continued working through to the end of his common law reasonable notice period. ...more

Rx IP Update - December 2018

Smart & Biggar on 12/22/2018

FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence - On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli...more