Recent decision finds constructive dismissal claim not statute-barred, Nadia writes for First Reference.

September 10, 2021

A couple of years ago, the Workplace Safety and Insurance Appeals Tribunal (“WSIAT“) statute-barred a constructive dismissal claim for chronic mental stress arising from a poisoned work environment, along with claims for aggravated, moral and punitive damages, which meant that employees would not be able to pursue such claims before the courts.

Recently, in Morningstar v WSIAT, the Divisional Court overturned the WSIAT decision, finding that the claim was not statute-barred by the Workplace Safety and Insurance Act (“the WSIA” or “the Act”).

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Anonymous Employee Client

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Having over 30 years of experience in representing Executive Employees and Companies, large and small, and having known Stuart Rudner since the late 90’s, I would highly recommend Stuart to mediate your Employment Law cases. Stuart is an authority in Employment Law and also very personable. He is able to combine his extensive knowledge of Employment Law and his interpersonal skills to resolve cases. He clearly prides himself on his ability to help parties resolve their disputes, and he works tirelessly to do so. Stuart does everything he can to achieve a positive result. I look forward to having Stuart mediate my future Employment Law cases.

Ron Minken

Minken Employment Lawyers

Knowledge, skill and dedicated attention to the case at hand

Workplace Safety Group has a long-standing, professional relationship with Stuart Rudner, of Rudner Law, both as its’ corporate counsel, and as a referral resource for clients dealing with issues around workplace harassment and violence, unlawful dismissal and other employment issues. All clients WSG has referred have had successful outcomes due to Mr. Rudner’s knowledge, skill and dedicated attention to the case at hand.

On a personal note, Stuart is approachable, values-centred and an exceptional communicator, stemming from his passion to help his clients. Where some might hesitate to contact a lawyer, I would recommend Rudner Law as a first stop when dealing with employment matters. WSG is fortunate to have Rudner Law on our team as legal counsel, and to the benefit of our clients.

Carola Mittag - President

Workplace Safety Group

Stuart can be counted on

Stuart is a leader of the employment law bar. He keep abreast of every development in his practice area, and through his blog and constant media presence he helps others keep up as well. Stuart can be counted on to provide practical advice and wise counsel on all aspects of employment law. A good guy to have in your corner!

Lonny J. Rosen, C.S - Partner

Rosen Sunshine LLP

Astute Employment Lawyer

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Journalist, Lawyer

He understood my circumstances and concerns

Stuart's practice is focused on employment law, an area in which he has developed considerable expertise. He provided legal counsel for my termination when I was recently let go. He understood my circumstances and concerns and provided understanding of the legal process and the options available.

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Pina Malascalza

Very proactive and understanding

I had a need to retain the services of a lawyer for a personal legal matter. As I worked at Miller Thomson at the time, in the IT department, I had knowledge of several lawyers I could have worked with but I chose Stuart because I felt that he had integrity and a sense of what is right and what is wrong. In the course of working with him on my legal issue over the next year, I found him to be very proactive and understanding of my issues in this matter. He handled everything with professionalism and class. I would, and have, highly recommended him to anyone that is in need of any legal advice or the services of a litigation lawyer.

Linda Cardie - Client Excellence Advisor

RL Solutions - Toronto, Ontario

A very experienced and talented lawyer

I first came to know Stuart through his advice on LinkedIn and other sources such as HRPA and was very impressed with his knowledge and how he is able to provide solutions. Stuart is a very experienced and talented lawyer when it comes to employment law and I know that no matter how difficult a case, I am fully confident going to him for advice as I consider him to be the best in his field.

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Samina Sial - CHRP

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