In a recently released decision, the Saskatchewan Court of Appeal was tasked with determining whether or not an employer, the Saskatchewan Indian Gaming Authority Inc., had just cause to terminate an employee by the name of Mr. Thomas. In
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Age Isn’t Everything: 61-Year-Old Gets 2 Months Notice
We often think of an employee’s old age as being a very commanding consideration in the determination of reasonable notice periods. After all, it is often more difficult for older employees to find new work, not to mention the stress…
Mandatory Vaccine Policy Does Not “Force” Employees to be Vaccinated, Says Federal Court
In a recent decision, the Federal Court refused to grant an interlocutory injunction against a COVID-19 vaccination policy. The Applicants seeking the injunction were employees of the Government of Canada who refused to be vaccinated for a multiplicity of…
Strong Start to 2022 for COVID-19 Vaccine-Related Terminations
Throughout the previous year, we have seen many workplaces adopt controversial COVID-19 vaccine mandates. To some, it is a necessary measure to protect the workforce and the Canadian public at large. To others, it is a violation of bodily autonomy…
Sokoloff Lawyers Successful Injunction Against Former Employee
In a recent decision of the Ontario Superior Court, popular personal injury law firm Sokoloff Lawyers won an injunction against six former employees who had been working out of the firm’s Brampton office. Notably, Savannah Chorney, the leading lawyer…
Constructive Dismissal Resulting in High Damage Award Upheld by Ontario Court of Appeal
McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home) is a case unlike many others, in the sense that it involved a particularly large award of wrongful dismissal damages: $1,274,173.83. There are not many scenarios in the context of employment law…
Three Days of Work, Three Months of Pay: Dalton v. Fraser Valley Fire Protection Ltd.
Employers should expect to provide some compensation to employees they terminate without cause. The amount of compensation depends on a number of factors, such as the nature of the employment, the availability of similar employment, the age of the…
What Makes a Manager? Saunders v WestJet, an Alberta Partnership
Ms. Saunders was an agency sales representative with WestJet, her employer. She was terminated from this position on July 29, 2019. Following her termination, Ms. Saunders filed a complaint of unjust dismissal under section 240(1) of the Canada Labour Code…
CERB Continuing to be Deducted from Wrongful Dismissal Damages (Or Not?)
I wrote a blog post this past August discussing the potential impact of Canada Emergency Response Benefit (CERB) payments on wrongful dismissal damages. We looked specifically at the British Columbia Supreme Court’s decision in Hogan v 1187938 B.C. Ltd (“…
The Necessity of Consideration – Matijczak v. Homewood Health Inc.
This recent decision of the British Columbia Supreme Court touches on a fundamental principle of contract law: that a contract is not enforceable unless consideration (i.e. something of value, including promises to do something) has been given in exchange. Where…