Damages - Articles & Videos
Court Orders Independent Medical Examination of Former Employee
In wrongful dismissal lawsuits, the former employee’s medical condition can sometimes become an issue for the Court to consider. To what extent can the employer test this medical condition through a Court-ordered independent medical examination of the employee?
The Hot Trend in HR Law That Will Shock You
Notice periods are getting longer and courts are open to awarding moral, aggravated, and punitive damages in wrongful dismissal claims.
No Damages Awarded Despite Removal of Company Documents by Former Employee
In the recent decision of Titus v Hack, the Ontario Superior Court of Justice found that a former employee had…
Defamatory Reference Provided by Past Employer Leads to Damages
If you as an employer are going to give a negative reference for a former employee, you better be sure that you have all the facts and evidence to support it.
Mitigation Income
A dismissed employee’s damages are subject to mitigation and any income they earn during the common law notice period is to be deducted from the damages owing from their former employer.
Moral Damages Awarded to Dismissed Employee
When dismissing an employee, the employer is expected to treat the employee fairly and respectfully, and in good faith. Acting in bad faith can attract awards of damages in addition to the damages normally awarded for wrongful dismissal.
Alberta Court Upholds Cause Termination and Holds Executive Personally Liable for Damages
A recent decision out of Alberta held not only that an employer had cause to terminate the employment of its President and CEO, thus fully defeating his claim for wrongful dismissal, but also that the executive was personally liable for damages.
Workplace Harassment: Recourses for Employees in Ontario
Here we explore the various avenues available to employees dealing with workplace harassment in Ontario, even when the recognized “tort of harassment” remains elusive.
Court Confirms Test for Proper Location of Proceeding
You’re located in Ontario and want to sue someone in another province regarding a loss you suffered in Ontario. No problem, right? Like many aspects of the law, however, it’s not always that simple.
Bad Faith in Wrongful Dismissal Claims
We all know there is a duty on the part of an employer to act in good faith in the course of a dismissal. In this video update, Stuart talks about what happens when an employer is found to have acted in bad faith.