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  • About Us
        • About MacDonald & Associates
        • Natalie C. MacDonald
        • Christopher Randall
        • Danielle Johnson
  • Events
  • How We
    Help Employers
    • How We Help Employers

    • Restrictive Covenants
      • Non-Competition Covenants
      • Non-Solicitation Covenants
      • Duty of Confidentiality and Loyalty
      • Fiduciary Duties
    • Human Rights
      • Accommodation of Disability
      • Accommodation of Family Status
      • Discrimination and Harassment
      • Defending Human Rights Complaints
    • HR Compliance
      • Employment Standards Legislation
      • Health & Safety Legislation
      • Bill 168 / Bill 132
      • AODA
    • Leaves of Absence
      • Pregnancy and Parental
      • Medical / Disability
      • Personal Emergency
    • Discipline and Dismissal
      • Performance Management
      • Dismissals
      • Severance Pay & Termination Packages
      • Termination for Just Cause
      • Restructuring
      • Defending Wrongful Dismissal Cases
    • Conduct a Workplace Investigation
      • Bullying and Harassment
      • Employee Misconduct
      • Human Rights Infringements
    • Strategic HR
      • Policy & Procedures
      • Employment Contracts
    • Attendance Management
    • Social Media & The Workplace
  • How We Help
    Employees
    • How We Help Employees

    • Contract Review
    • Constructive Dismissal
    • Workplace Harassment & Bullying
    • Human Rights Issues
    • Non-Competition Agreements
    • Non-Solicitation Clauses
    • Fiduciary Duties
    • Social Media and the Workplace
    • Termination of Employment
      • Review of Severance Package
      • Just Cause Terminations
    • Leaves of Absence
      • Pregnancy and Parental
      • Medical / Disability
      • Personal Emergency
  • In The
    Courtroom
  • In the
    Media
    • Firm Articles
    • Videos
  • MacDonald
    Wrote the Book
  • Contact

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Damages

Terminating Someone During the Holiday Season = Extraordinary Damages

By Christopher Randall

It isn’t only the manner in which someone is terminated that can attract extraordinary damages in a wrongful termination case, it can also be the timing. Here are some cases…

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Court of Appeal Confirms Years Spent as a Contractor are Included in Calculation of Reasonable Notice

By Christopher Randall

By: Chris Justice   Earlier this year, the Ontario Superior Court, in Cormier v 1772887 Ontario Ltd (St. Joseph Communications), addressed the issue of whether or not previous years worked…

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Effect of Trauma on Poor Memory and Credibility Addressed by Divisional Court

By MacDonald & Associates

The Divisional Court recently released its judicial review of a pivotal Human Rights Tribunal decision in Joe Singer Shoes Limited v A.B., 2019 ONSC 5628. In 2018, the Ontario Human…

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Have the Courts Gone Too Far? The Ontario Court of Appeal Solidifies the High Threshold for the Tort of Intentional Infliction of Mental Suffering

By MacDonald & Associates

By: Mackenzie Irwin As my colleague reported earlier last week, the Ontario Court of Appeal recently shut down the tort of harassment in Merrifield v Canada, (“Merrifield”). The Ontario Court…

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Appellate Court Aborts the Tort: No New Tort of Harassment

By Natalie C. MacDonald

By: Kimberly Smith In a recent ruling, Merrifield v Canada (Attorney General), 2019 ONCA 205, the Court of Appeal reversed a lengthy trial court decision that boldly created a free-standing…

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Liability for the Tort of Intentional Infliction of Mental Suffering

By MacDonald & Associates

By: Mackenzie Irwin The Elements of the Tort of Intentional Infliction of Mental Suffering: The tort of intentional infliction of mental suffering (“IIMS”) is not awarded often, and requires the…

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Non-Discretionary Bonuses

By Christopher Randall

By: Christopher Justice It is quite common for employers to omit (intentionally or otherwise) payment of any bonuses a dismissed employee would have earned had they been given working notice…

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Court of Appeal upholds $200,000 Assessment of Damages in Sexual Assault Case

By Natalie C. MacDonald

In Zando v. Ali, 2018 ONCA 680 (CanLII) the Court of Appeal upheld a damage award of $200,000 (Generals $175,000 and punitive damages of $25,000). The Plaintiff was a colleague of the…

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What to do about federally-regulated employees? Can you bring a federal human rights complaint within the body of a civil suit?

By Natalie C. MacDonald

The Canadian Human Rights Act does not contain a provision akin to that of Ontario’s Human Rights Code specifically permitting a plaintiff to plead a human rights complaint within the body…

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Gail Galea as THE face of Moral and Punitive Damages

By Natalie C. MacDonald

Gail Galea (“Gail”) began her career at Wal-Mart in 2002. Hailed as a “rising star”, and one of the mega-corporation’s MVP’s, it wasn’t long before she was known for her…

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