Damages - Articles & Videos
Employers often wonder, “what’s the worst that could happen?” The recent case of Acumen Law v Ojanen is a good demonstration.
The Attorney General for Ontario recently announced that, effective January 1, 2020, there will be changes to the way claims are brought in Small Claims Court and under the Rules of Simplified Procedure.
Losing a job is nerve-wrecking for most people. Employees must be careful, however, because they have a duty to mitigate their damages by taking reasonable steps to find comparable employment. Otherwise, their entitlement to damages for wrongful dismissal may be substantially reduced.
While being terminated from one’s employment can undoubtedly lead to emotional upset, the law does not recognize mental states that fall short of injury.
If an employee can prove bad faith conduct by an employer in the manner of a dismissal, then the employee may be entitled to bad faith/moral damages.
Passmore and Illumiti Inc., which was released in November of last year, and is helpful for both employers and employees as it reviews the types of remedies that may be available through the tribunal, as well as how damages are assessed.