Damages - Articles & Videos
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.
No Costs for You: The Danger of Baseless Allegations and Bad Behaviour
The no-nonsense commentary in this decision is an important reminder for both sides of an employment related dispute.
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.
