Treatment of Articling Student Teaches Employer a Lesson: Unfounded Allegations Could Cost You
Employers often wonder, “what’s the worst that could happen?” The recent case of Acumen Law v Ojanen is a good demonstration.
The Government of Ontario is making small claims easier, faster and more affordable to settle.
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.
Employee Refuses to Return to Work After Illegal Layoff – Court Finds Failure to Mitigate
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.
Crocodile Tears Are Not Enough: Court of Appeal Confirms High Bar for Awarding Aggravated Damages
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.
Bad Faith in the Course of Dismissal: “The Damages Formerly Known as Wallace” are Still Relevant
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.
The Ontario Human Rights Tribunal: Remedies and Increasing 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.
Mitigation
If the employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment.
Damages In A Wrongful Dismissal Claim
In this case, I want to talk about the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.
Income from Second Job CAN be Mitigation
It is trite to say that dismissed employees have a duty to mitigate their damages by seeking replacement employment. But what happens if they are successful? Does that mean that their entitlement to compensation for the dismissal is reduced? In…
But How Do I Prove It? Evidence Required for Claims of Mental Distress
In June of last year, the Supreme Court of Canada released their unanimous decision in Saadati v Moorhead dealing with the proof required to establish “mental injury” in the context of tort claims. The landmark decision determined conclusively that evidence…
