News & Events

In a recent decision of the Ontario Court of Appeal[1], the Court confirmed that 37 years of service in a senior management role does not constitute “exceptional circumstances” to justify a notice period over 24 months. Michael Dawe (“Dawe”) was employed with the Defendant, The Equitable Life Insurance Company of Canada (“Equitable Life”) for 37

In Evans v. Paradigm Capital Inc., Justice Gans of the Ontario Superior Court of Justice addressed a senior executive’s duty to mitigate following her constructive dismissal, and specifically whether she was required to accept an alternative position from the employer to mitigate her damages. The Employee was hired by the Employer, an institutional investment dealer,

The Ontario Superior Court of Justice recently concluded that an employer’s imposition of a layoff in the absence of a contractual clause permitting a layoff can be treated as a repudiation of a fundamental term of the employment contract even in circumstances where an identifiable recall date is provided at the time of the layoff.

When acting for an employer we are often asked whether an employee can be sued for damages that the employer sustains as a result of an employee’s negligence.  The answer is no.  A case recently decided by the Alberta Court of Queen’s Bench, Shamac Country Inns Ltd. v. Sandy’s Oilfield Hauling Ltd., does not purport

The Court of Appeal for Ontario has now definitively addressed the issue of whether an employer’s financial circumstances are relevant to the assessment of an employee’s common law reasonable notice period. In this case, three employee school teachers who were employed on a series of one-year contracts for thirteen, eleven and eight years respectively, appealed