See Farber v. Royal Trust Co.  1 S.C.R. 846.
Constructive dismissal is an Ontario and Canadian employment law concept concerning situations where an employee has not been dismissed but their employment has changed significantly. The change may relate to, among other things, compensation, title, the employee’s position, or the employee’s duties. Recent case law suggests abusive behavior by an employer may be a constructive dismissal. Remedies for constructive dismissal are similar to those found in a wrongful dismissal suit. Employment law treats such a fundamental change as though the employee has been dismissed.
Constructive dismissal is an extremely complex area of employment law, and professional advice should be sought.
While there is no generally recognized common law action for breach of privacy, an employer without cause and secretly placing a camera in an employee's office was considered a constructive dismissal. See Colwell v. Cornerstone Properties Inc.  O.J. NO. 5092 (SC)
The current leading decision is Potter v. New Brunswick Legal Aid, 2015 SCC 10. A constructive dismissal can be found in one of two ways: a. The employer “substantially alters an essential term of the contract of employment”; or b. The employer pursues a course of conduct which “evinces an intention to no longer be bound by the contract.” The test is not whether the employer intends to be bound, but whether a reasonable person in the circumstances of the employee would think that the employer has objectively evinced the intention to no longer be bound. Constructive dismissals can in cases be found when there has been substantial changes in remuneration, reporting relationships, job responsibility and title. A pattern of abusive behavior can be found to be a constructive dismissal. A change in working hours, location of work, and working conditions may constitute a constructive dismissal in the appropriate fact pattern.
At Ball Professional Corporation we take the legal issues around Constructive Dismissal very seriously and are committed in making sure your employment and Human rights are represented at the highest level and addressed in the most professional manner. We will try to minimize the cost to you by using our vast experience in negotiations while making sure you get what you are legally entitled to according to Canadian employment law. Stacey Ball is one of the top employment lawyers in Toronto and represents clients across Canada. If you are not getting what you deserve we will fight for your rights all the way to the supreme court of Canada where Stacey Ball has fought and won protecting the interests of his clients