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March 29, 2016 | By: Scott Chambers

Decision Demonstrates Wide Variety of Damages Available to a Wrongfully Terminated Employee

In a recent decision of the Ontario Superior Court of Justice, the Court awarded damages in almost every category of damages sought that are generally available to a wrongfully terminated employee, including punitive damages and damages under the Ontario Human Rights Code.

February 19, 2016 | By: Scott Chambers

Top Employment Law Mistakes for Charities and Non-Profits

On January 13, 2016, Scott Chambers presented Top Employment Law Mistakes for Charities and Non-Profits as part of the Canadian Charity Law Association webinar series.  Click here for a link to the presentation.

February 17, 2016 | By: Scott Chambers

Apology Act Used to Strike Portions of Pleading in Wrongful Dismissal Case

The Apology Act, 2009, is a little known piece of legislation and has not been relied upon in any material or significant manner since its coming into law in 2009, yet the Act is an important piece of legislation in all realms of litigation, including employment disputes. 

February 16, 2016 | By: Scott Chambers

26 Months’ Notice Required for Employee Who was Constructively Dismissed

In the recent decision, Maasland v. The City of Toronto, 2015 ONSC 7598, the Ontario Superior Court of Justice awarded 26 months’ notice to a long term employee after finding that she had been constructively dismissed from her employment as a result of a significant change in her work responsibilities and duties.

February 16, 2016 | By: Scott Chambers

Employee Manual Deemed Not Part of the Employment Agreement

In a recent decision of the Ontario Superior Court of Justice, Asgari v. 975866 Ontario Inc., 2015 ONSC 7508, Justice Dow held that references in an employment agreement and employee manual which capped damages for termination at Employment Standards Act, 2000 minimums was not enforceable.

February 15, 2016 | By: Scott Chambers

Exceptional Case Justified 27 Months’ Notice for a Long Term Employee

In the recent decision, Markoulakis v. SNC-Lavalin Inc., 2015 ONSC 1081, Justice Pollak of the Ontario Superior Court of Justice held that exceptional circumstances existed to justify awarding the plaintiff 27 months’ notice for 40.66 years of employment with the defendant.

February 15, 2016 | By: Scott Chambers

Court Awards $100,000.00 in Punitive Damages Against an Employer in Wrongful Dismissal Case

The Ontario Superior Court of Justice recently awarded $100,000.00 in punitive damages for the highhanded and callous conduct of the employer in its termination of an employee.  In awarding punitive damages the Court denounced the employer’s refusal to pay reasonable notice and severance pay to the employee on termination.

February 15, 2016 | By: Scott Chambers

Bonus Plan Entitlement Runs for Employment Standards Act Notice Period Only

A confusing situation often arises in determining employee bonus entitlement on termination of employment i.e. is the bonus paid on a pro-rata basis for the notice period or is it paid only if the employee is deemed active on the date of the bonus entitlement?

February 14, 2016 | By: Scott Chambers

New Toronto Court House Will Only be for Ontario Court of Justice Adult and Youth Criminal Matters

Although the ground is barely broken on the site of the new Toronto Court House, it was recently announced that the site will now only house the Ontario Superior Court of Justice Adult and Youth Criminal Matters.  It was previously anticipated that the new Court House would also include space for the Ontario Superior Court and Ontario Superior Court of Justice Family Court services, but in a memo from the Deputy Attorney General, Patrick Monahan, in August 2015, the use of the space has now been confirmed.

February 14, 2016 | By: Scott Chambers

Chambers Appointments Now Available for Toronto Superior Court of Justice Civil Cases

Parties to Civil matters can now request 9:30 a.m. Chambers Appointments before a judge of the Superior Court of Justice in standard track cases in a new procedure that is similar to the existing procedure available on the Toronto Commercial Court List.

The matters being addressed in these new 9:30 a.m. Chambers Appointments are for:

  1. Short uncontested matter that do not require any evidence; an
  2. Consent and unopposed matters, including timetables, scheduling and other non-contentious issues.

These Chambers Appointments are limited to 15 minutes and can be requested using one of three new forms depending on whether the matter relates to a Long Trial, a Short Trial or a Motion (click for each form).