Frank Portman discusses a recent Ontario Court of Appeal decision which greatly increased the scope of general and other damages awarded in a wrongful dismissal action.
Jeremy D. Schwartz / About Author
Related Posts
Stress Claim Tsunami: New Approach to WSIB Stress Claims
Ryan Conlin and Jeremy Schwartz discuss a landmark WSIAT decision which held sections of the Workplace Safety and Insurance Act…
29 May 2014
No evidence? No aggravated damages – Employees must prove basis for damages based on manner of dismissal
The Ontario Superior Court recently confirmed that for a court to award damages based on the manner in which an…
08 Feb 2017
Mitigation – A duty to act in your own professional interest
When no work is available in a particular field, dismissed employees may undertake reasonable mitigation efforts by pursuing re-training to…
30 Dec 2016
Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice
Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship….
28 Jan 2016
Court finds employee did not condone changes after 15 months
The Ontario Superior Court has ruled that an employee who continued to work for 15 months following a change in…
12 Apr 2011
Jurisdictional disputes in employment contracts
In this electronic age, many employers will make offers of employment via email. When the offer is being made to…
06 Mar 2014
Immigration Issues in M&A Transactions
Navigating the intricate legal environment of a merger, acquisition, takeover or other corporate restructuring can be difficult enough without the…
01 Nov 2019
Changes to Privacy Legislation: Impact on Employers’ Handling of Employee Information
The federal government has re-introduced legislation to amend the Personal Information Protection and Electronic Documents Act (PIPEDA). Bill C-12, Safeguarding Canadians’ Personal…
15 Nov 2011
It Takes Two to Tango: Superior Court Rules on Employees’ Duty to Facilitate in the Accommodation Process
Employers have a duty to accommodate employees with disabilities to the point of undue hardship, including facilitating the return to…
16 May 2016
Court of Appeal in Wal-Mart Case Scales Back Historic Punitive Damages Award
By: Jeremy Schwartz & Frank Portman We have written before that heightened fears of US-sized punitive damage awards in employment law decisions…
26 May 2014
2020 – An HR Law Year in Review
In 2020, employers were faced with unprecedented legal challenges brought on by the pandemic. Meanwhile, the courts and tribunals issued…
15 Jan 2021
Brave New Workplace: The Legalization of Recreational Marijuana in Canada
The legalization of marijuana for recreational use will have a profound impact on workplaces across the country. This Webinar examines…
17 Oct 2018
OLRB opens the door to harassment reprisal complaints under the OHSA
The Ontario Labour Relations Board (“OLRB”) recently made an important decision which may represent a significant shift in how it…
08 Jan 2014
Is the Sky Falling? Family Status Discrimination and Shift Shopping
By: Ryan Conlin & Frank Portman In most jurisdictions in Canada, human rights legislation prohibits discrimination on the basis of…
07 Mar 2014
Responding to human rights harassment complaints: Guidelines from the HRTO
You are an employer that has just received a harassment complaint from an employee. The complaint is against a valued…
28 Mar 2013