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…
Court of Appeal Confirms Years Spent as a Contractor are Included in Calculation of Reasonable Notice
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…
Effect of Trauma on Poor Memory and Credibility Addressed by Divisional Court
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…
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: 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…
Appellate Court Aborts the Tort: No New Tort of Harassment
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…
Liability for the Tort of Intentional Infliction of Mental Suffering
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…
Non-Discretionary Bonuses
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…
Court of Appeal upholds $200,000 Assessment of Damages in Sexual Assault Case
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…
What to do about federally-regulated employees? Can you bring a federal human rights complaint within the body of a civil suit?
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…
Gail Galea as THE face of Moral and Punitive Damages
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…