Bad Faith Discharge

How employment lawyer can help in bad faith discharge case

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call:(416) 921 7997 Ext. 225     Email:srball@82scollard.com

STACEY REGINALD BALL

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Employers are obligated by law to treat their employees fairly and to act in good faith.

EMPLOYMENT LAW

Stacey Ball of Ball Professional Corporation was the lawyer acting on behalf of the winning party in the landmark case, Wallace v. United Grain Growers Ltd.. It was in this decision, with the help of top Toronto employment lawyer Stacey Ball, that the employer’s obligation of good faith and fair dealing in the manner of dismissal was created. The court stated, at paragraph 98, that although the obligation of good faith and fair dealing is incapable of precise definition, at a minimum, it should require: “in the course of dismissal employers ought to be candid, reasonable, honest and forthright with their employees and should refrain from engaging in conduct that is unfair or is in bad faith by being, for example, untruthful, misleading or unduly insensitive.” [Emphasis added]

Thanks to the obligation of good faith and fair dealing, an employer in violation of the obligation could be liable for a separate quantum of damages, entirely independent of damages for reasonable notice. Bad faith discharge or discharge for bad faith can therefore create an actionable wrong in its own right. However, it is noteworthy that bad faith discharges or breaches of the implied obligation of good faith and fair dealing in the manner of dismissal are not all equally injurious. A trial judge must, in each case, examine the nature of the bad faith conduct and its impact.

The employer’s duty of good faith and fair dealing has now been extended to not merely the termination of employment, but the existing relationship prior to termination. See Colwell v. Cornerstone Properties Inc. [2008] O.J. NO. 5092 (SC). The breach of the implied obligation of good faith and fair dealing can provide the dismissed employee not only damages for mental distress and loss of reputation, but also economic losses engendered by the manner of the dismissal.

Following the Wallace decision, the Supreme Court of Canada decided Honda Canada Inc. v. Keays. Here, it was decided that bad faith discharges or breaches of the implied obligation of good faith and fair dealing should not result in an extended notice period (as was the conclusion in Wallace) but should instead lead to foreseeable compensable damages not subject to mitigation. Notwithstanding this, it is possible that a reasonable notice period could be extended where the manner of dismissal renders one unemployed or unemployable for a longer period of time than they otherwise would have been.

Examples of Bad Faith Discharge: Breach of Duty of Good Faith and Fair Dealing in the Manner of Dismissal

The following are examples of circumstances in which an employer’s conduct was found to have breached the duty of good faith and fair dealing in the manner of dismissal:

  • In Martin v. International Maple Leaf Springs Water Corp., the reasonable notice period was extended by three months because the employee was dismissed for reasons which were not true. The employee’s reputation was tarnished through false accusations of dishonesty and alcohol abuse;
  • In Bailey v. Service Corporation International (Canada) ULC, an employee was awarded $25,000 in aggravated damages in addition to $110,000 in punitive damages because, among other reasons, the employer fired him when he was known to be sick and seeking medical care, not telling him he was dismissed, and not giving him a chance to respond to the unfair assumption that he had abandoned his employment. The employer also falsely alleged there was cause for dismissal, accusing the employee of being dishonest;
  • In Acumen Law Corporation v Ojanen, an employee was awarded $50,000 in aggravated damages because the employer, among other things, fired her before offering her an opportunity to explain herself, accused her of deceit and dishonesty (accusations which were harsh and unwarranted), and fired her publicly in front of her classmates despite being able to do so privately instead;
  • In Hamer-Jackson v. McCall Pontiac Buick Ltd., a reasonable notice period was extended by six months due to statements that were circulated in the used and new car industry against the dismissed employee;
  • In Squires v. Corner Brook Pulp & Paper Ltd., a reasonable notice period was extended by six months where the employee was given no warning of their dismissal, was not given an opportunity to defend himself, and was threatened to be dismissed for cause if the employee refused to accept the employer’s settlement offer; and
  • In Tannous v. Donaghue, an employee was awarded $15,000 in aggravated damages after being assaulted at the time she was dismissed by the owner of the company for whom she worked. According to the court, “the [employee] has suffered an actual extended period of disability that followed from the collective actions of the [employer] in the termination from her employment for which she will not be compensated”.

EMPLOYMENT LAW

EMPLOYMENT LAW

Arguments regarding bad faith discharges are not always successful. The employee has the burden of showing that their employer engaged in bad faith conduct or unfair dealings in the manner of dismissal, and that their injuries flow not from the dismissal itself but from the manner in which it was effected. Employees are not always successful in discharging this burden. Examples of circumstances in which a bad faith discharge was not found include:

  • In Gaudio v. Banca Commerciale Italiana of Canada, there was no award of extended damages where the mental distress experienced by the employee stemmed from the fact they had been terminated and not from the manner in which they were terminated;
  • In Clendenning v. Lowndes Lambert (B.C.) Ltd., an it did not necessarily follow that there would be a breach of the implied obligation of good faith and fair dealing where an employer makes unsuccessful cause allegations with a solid foundation in the evidence; and
  • In Blondeau v. Holiday Ford Sales (1980) Ltd., extended damages were denied where an employer failed to communicate their intention of returning the employee to her job on a gradual basis, causing her to reasonably believe she had been constructively dismissed.

Having an experienced employment law counsel, such as Stacey Ball of Ball Professional Corporation, will make it far more likely that your claim of bad faith discharge is successful.

At Ball Professional Corporation we take the legal issues around Bad Faith Discharge very seriously and are committed to making sure your employment and Human rights are represented at the highest level and addressed in the most professional manner. We will work to minimize the cost to you by using our vast experience in negotiations while making sure you receive 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, contact Stacey Ball to begin fighting for your rights, all the way to the Supreme Court of Canada if necessary, where Stacey Ball has fought and won protecting the interests of his clients on many occasions.

CONSULTATIONS

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Canadian Employment Law

Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

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CLIENT REVIEWS

Google Reviews

Steven Wang
Steven Wang
19:58 18 Mar 19
Stacey was the third lawyer that I had hired to represent me, after the previous two didn't achieve anything for me. Stacey is very different. He is not only the author of Canadian Employment Law with profound knowledge and experience, he is also the most efficient one, direct to the point. He is the toughest one, well known by HR people, and he takes care of his client all by himself. There is no junior lawyers under him. That's the big difference comparing with other big employment law firms on Google, where I could only meet with a young lawyer with little experience. After he spoke with me for 45 minutes, he found the best way to break through. He didn't need to ask for a lot of document and he didn't bill hours to review them. His fee structure is aligned with his client's best interest. My problem was solved very quickly with a great result, and I only have to meet with him twice and exchange some emails. He's not just a tough fighter and negotiator, he got great strategy to make a deal. He answered my emails during the holidays. He comes in the office very early, and we had a conference call at 7am in the morning when we need to make a quick decision. To me, he is the best employment lawyer, a patient teacher and a friend. I strongly recommend him to those who need help.
Aiden Nix
Aiden Nix
01:13 06 Apr 19
Stacey was super helpful and increased my settlement a significant amount. He is very busy so you have to chase him down a bit but that is minor issue compared to all of the positives. Overall if you need a good labour lawyer then talk to him right away. He is THE lawyer to go to in Ontario!Thanks Stacey!
Sergei R
Sergei R
05:01 06 Dec 18
My experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.
Danny T
Danny T
18:34 26 Feb 19
Stacey has recently represented me. He’s patient, but to the point which I can appreciate. No fluff. He worked quickly and even responded during his holidays. Definitely highly recommended.
Alexa Arsenault
Alexa Arsenault
19:36 01 Nov 18
If I could give Stacey Ball 30 stars I would! Stacey was right on the “ball” when it came to my legal matter. I called his office and his efficient staff scheduled me for an appointment the next day. He’s a great listener and comes to the point quickly, confidently, and succinctly. He explained best and worst case scenarios and dealt with my matter without delay. He was successful in concluding my legal matter to my satisfaction and met all my expectations. I highly recommend Stacey for all your legal matters.Alexa
Alex McMillan
Alex McMillan
18:05 21 Apr 19
Mr Ball represented me in a wrongful dismissal case. It was quite evident from my initial consultation until the conclusion of my settlement. Mr. Ball mirrored professionalism, empathy and above all confidence. Mr Ball reviewed my case and informed me what I was entitled to and what to expect at time of settlement. I was represented diligently right up to the conclusion of my settlement. He was able to negotiate an amount that was above my expectations. I would highly recommend Mr. Ball to anyone in need of assistance in any type of employment situations. In conclusion that one of the main things that impressed me most was that he at all times puts his clients FIRST.
Daphne Rodrigues
Daphne Rodrigues
23:54 22 May 19
Stacey was my second lawyer I retained after my original lawyer felt that he would be better suited to deal with my difficult employment matter. Stacey was very direct, efficient and respectful of my time. He was tenacious in negotiations and challenged/invalidated all points the other lawyer argued. I would not have achieved my outcome without Stacey. Thank you!Daphne Scott
Kate Miller
Kate Miller
15:35 23 May 19
Stacey gave me good advice on my first consult. Super professional and competent. If I ever need employment lawyer again I would definitely come back to Stacey!
francesca V
francesca V
08:33 24 Jun 19
Stacey not only provided expert legal guidance on my workplace harassment case, but was also extremely supportive during this difficult process. I wholeheartedly recommend him to anyone facing a similar situation. Thank you Stacey.
Charlie Russo
Charlie Russo
03:03 01 Jul 19
Stacey Ball was very helpful with my employment situation, from start to finish. He answered all my questions and concerns dealing with my settlement promptly and easily explained everything. Thank you. 5 stars.
Nurissa Kanji
Nurissa Kanji
09:47 22 Jul 19
I want to thank Stacey Ball and the staff at Ball Professional Corporation. Mr.Ball's professionalism, friendliness and empathy were evident at our first meeting. We would not hesitate to recommend Stacey Ball and his team for their expertise in employment law.
dave buckley
dave buckley
03:27 31 Jul 19
Stacey Ball was a huge help for me from start to finish in a contract negotiation, and was able to very quickly identify issues and advise me on next steps. He was understanding of my situation and provided specific advice on a broad range of clauses in my contract. I would 100% consult with him again based on my experience.
Jhonattan V
Jhonattan V
04:31 02 Aug 19
After ending employment with my employer of 9 years due to actions that I felt were steps of constructive dismissal, I contacted Mr Ball to determine my employment rights. Through the whole process from beginning until conclusion, I found Stacey to be very professional and knowledgeable and would recommend him and his team as your representatives for employment law matters.
Cole Carr
Cole Carr
03:04 04 Aug 19
I met with Stacey Ball this morning for a consultation. He was incredibly generous with his advice and support in a consultation I needed. I highly recommend contacting him, even if you are unsure you will require his services - he will help you evaluate the situation and whether you need his services.
Katy M. Smith
Katy M. Smith
01:18 05 Aug 19
I recommend Stacey Ball without hesitation. I was wrongfully dismissed and Stacey worked efficiently and communicated regularly to get a great settlement. He helped make a bad situation better – you want a lawyer like Stacey on your side!
Nurissa Kanji
Nurissa Kanji
09:47 22 Jul 19
I want to thank Stacey Ball and the staff at Ball Professional Corporation. Mr.Ball's professionalism, friendliness and empathy were evident at our first meeting. We would not hesitate to recommend Stacey Ball and his team for their expertise in employment law.
Sheeba Bonning
Sheeba Bonning
15:47 28 Oct 19
I would highly recommend Stacey Ball any time! Stacey accurately pinpointed the challenges of our situation and gave solid advice right from the beginning. When things got confusing for me, he took the time to explain them in lay terms so I could make informed decisions. A big thank you to Stacey ball and his team for helping me with a stressful situation and for always being there to smooth things over. We were even able to have a laugh or two and he definitely brings a human touch to legal matters which can be super uncomfortable for "regular" people that don't deal with legalese every day!
Jacqueline O'Flanagan
Jacqueline O'Flanagan
19:57 29 Oct 19
I would strongly recommend Stacey and his services for any employment related legal issues. His academic and professional experience provide a unique approach to strategizing over a case with his clients best interest in mind, and builds the case based on facts. He is an advocate for employees who have been wronged and his work with the supreme court demonstrates his commitment to changing the system for the better.
Lionel K
Lionel K
20:40 30 Oct 19
A few months ago, I was blindsided by my three partners who had decided to buy me out, at a fraction of the original investment contribution that I made when I joined the company. I decided to hire Stacey after interviewing him at his office. I knew then and there that he would make put my former partners in their place. Thank fully, I was right and Stacey took care of the matter in mediation, getting me 100% of what I was entitled to. The man is a legend in employment law and has the credentials to prove it, after all, he wrote the book on employment law! Thank you Stacey, appreciate all you've done. Best, LK.
Christine L
Christine L
02:11 15 Nov 19
I had spoken with three lawyers before I met with Stacey Ball. What I liked about our meeting was that Mr. Ball provided answers to my questions and made me feel that he had my best interests in mind. I was informed of a settlement amount I would be entitled to receive and he worked at getting it. You will get a chance to get some sleep knowing that your case will be resolved promptly and that your rights are being looked after. You will find his fees are competitive but fair as he evaluates each situation separately. If you want to know what you rights are, want results, without wasting time, look no further. My case was handled efficiently and I would recommend his services to anyone that asks. A big thank you Stacey Ball for your services.
michael goda
michael goda
15:39 27 Nov 19
Stacey is the best employment lawyer in Canada. I strongly recommend him to those who need help.
Sandra Knight
Sandra Knight
08:53 28 Nov 19
I got fired with no explanation from a workplace where i spend 4 years. I immediately started looking for a lawyer and got in touch with Stacey. He reviewed my case, helped me to calculate my severance pay and prepare all the proper documents. I would say Stacey is very knowledgeable and helpful in unfair dismissal cases. I would recommend him.
Sebastian Enachescu
Sebastian Enachescu
18:19 29 Nov 19
I was extremely pleased with the service provided by Mr. Stacey Ball and assistants. When I first approached him with my situation-a severance package well below merit, he was very direct with what is a reasonable severance and what he wanted to negotiate for me. Within a very short time he was able to get me 70% more above the initial severance offer and an additional 10% for pension and benefits. The timeline worked out beautifully as I did not fall short of funds while waiting for the settlement. I was pleasantly surprised and grateful of the outcome. In addition, his fees were very reasonable and were hardly felt. Thanks again Stacey.:)
Wm Robinson
Wm Robinson
07:48 07 Dec 19
I was transferred to night shifts by my manager without asking if can/want work nights. When i confronted him i was told either take night shifts or leave the company. Mr. Ball really helped me to sort out this situation and get proper compensation for my  constructive dismissal case. Mr. Ball acted professionally and at the same time friendly at all times. He was very supportive and very positive about the outcome of my case. He is a very good person.
Yousuf Halim
Yousuf Halim
18:17 16 Dec 19
Stacy helped me with my wrongful dismissal case. He is very knowledgeable and kind. With his expertise, he could resolved and provided me a satisfactory settlement solution with my ex-employer. His fees are reasonable and office staff are very supportive . I am very happy with his service.
Joyce Wang
Joyce Wang
01:55 09 Mar 20
Stacey helped me with my case and I have to say I am very pleased with the outcome. His professionalism and expertise were absolutely impeccable. I am very happy with the services that Stacey and his assistants provided me. Stacey and his assistants Rebecca and Jennifer were always available to answer my questions through the process. My case was resolved completely in a few months. Stacey is a top employment lawyer and one of Canada’s best employment lawyers, but his legal fee was very fair and reasonable. I would highly recommend Stacey to whoever needs a legal service.
Janice Yorke
Janice Yorke
17:02 03 May 20
Mr. Ball is a top notch lawyer. Having written the labour laws himself he is thorough and detailed. He did a great job for me and I am very grateful.He has a neat sense of humour if you are blessed to realize it as well.He responded to all my emails in record time and called me immediately when he had updates.
Zorana Jovanovic
Zorana Jovanovic
18:54 09 Aug 20
I was happy to have Mr.Ball handling my constructive dismissal. He was friendly, fast, efficient and fair. As a result, I felt taken care of during this very stressful time. I would strongly recommend Mr.Ball for any employment related issues. Thank you !
Jackie Carter
Jackie Carter
20:12 05 Aug 21
Worked with stacey for a disability insurance claim that I got denied. Really easy to work with, professional and does fantastic work, easy recommendation.
Sergei R
Sergei R
16:33 09 Oct 20
My 2011 experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.Update in 2020:I cannot write more reviews, it looks like one review per account, so I am editing the existing review. Another unrelated incident in 2020. Another consultation and advice what to do next in order to steer clear of unpleasant developments. His very reasonable consultation fee is the best investment I ever made in my peace of mind. He was busy so he could not meet me on the day I wanted, but he met me two days later, which was perfectly fine. After talking to him it became much more clear to me what to do and what to avoid doing. Quotes Supreme Court cases as references when he explains things as to what to do and why, looks like he knows them by heart. There is a good reason why he is busy. He is a very effective lawyer. Very highly recommend.
Araz Khalkhali
Araz Khalkhali
21:50 20 Oct 20
Thank you to Stacey Ball and his staff for my making my experience a great one. Stacey was extremely honest, professional, insightful and responsive. His vast experience was evident as was his in-depth knowledge of employment law. He took great care with my case, was transparent and made sure I was informed every step of the way. I highly recommend Stacey and his outstanding team and I wouldn't hesitate to reach out to them again.
Araz K
Araz K
01:33 21 Oct 20
Thank you to Stacey Ball and his staff for making my experience a great one. Stacey was extremely honest, professional, insightful and responsive. His vast experience was evident as was his in-depth knowledge of employment law. He took great care with my case, was transparent and made sure I was informed every step of the way. I highly recommend Stacey and his outstanding team and I wouldn't hesitate to reach out to them again.
Terry Michaelson
Terry Michaelson
16:39 19 Feb 21
Stacey knows his business and how to get things done. He gives good counsel and executes effective strategy. I was very pleased with the results he achieved and recommend his practice highly.
Ryan Gomes
Ryan Gomes
23:08 01 Mar 21
I hired Stacey about 10 years ago now to represent me on a constructive dismissal case. After my first meeting with him, I felt very confident he would do the long haul and stick through the tough times ahead. It was a long stressful two-year battle but we were successful in winning my case. Unfortunately I lost my job in April at the start of the pandemic. My employer terminated me without cause so the first person that popped into mind was Stacey. Again he took on my case and after just a couple of months, negotiated a strong settlement for me. I would recommend Stacey to my friends, family and anyone who is not familiar with employment law or feels like they are being taken advantage of by their employer.
Angel Morgan
Angel Morgan
22:50 17 Mar 21
Mr. Ball and his team were amazing. They were efficient, knowledgeable and got our settlement done in a more than timely fashion.I would highly recommend him to anyone and have done so a few times over.
Sajjad Hyder
Sajjad Hyder
23:10 26 Mar 21
Stacey helped me with my case and I have to say I am very pleased with the outcome. Stacey and his team are always available to answer my questions. My case was resolved in a short time. Stacey is a good employment lawyer one can trust and his legal fee was very fair and reasonable. I would highly recommend Stacey to whoever needs a legal service.
Cordie Kemmer
Cordie Kemmer
07:44 07 Aug 21
Helped me with a workplace discrimination case, got laid off without a just cause for dismissal. Ended up winning the case and getting a severance package, couldn’t be happier.
Opal Satterfield
Opal Satterfield
09:58 09 Aug 21
For small business law, he’s the best in the city. Knows the ins and outs of the law and helped me save my business.
Katelynn Schroeder
Katelynn Schroeder
10:01 13 Aug 21
Consulted him a few times and would recommend him for any employment matter.
Arianna Nader
Arianna Nader
10:11 15 Aug 21
Had a really positive experience with this lawyer. He was straight forward and knew exactly what he was doing.
Tyrel Osinski
Tyrel Osinski
04:26 17 Aug 21
This law firm was absolutely great with reviewing my severance agreement. Recommend!!!
Dawson Bailey
Dawson Bailey
16:09 20 Aug 21
Had him look over my employment contracts before I finalized them, great choice. Ended up switching a few key things so now the business is more protected.
Rudy Hartmann
Rudy Hartmann
07:14 22 Aug 21
Had a big job opportunity and had Stacey look over the contract, caught a few things in the contract that the employer ended up changing once I brought it up to them. Always a good idea to double check with someone who knows this stuff and I’m glad a did.
Bennie Weber
Bennie Weber
20:02 11 Aug 21
Mr. Stacey Ball was very professional & knowledgeable with my workplace discrimination case.
Barnadet Eskander
Barnadet Eskander
14:35 17 Nov 21
The best lawyer in all of Canada and his associate, Shane is amazing! They make your life so easy.
Jerry Lam
Jerry Lam
17:42 16 Jan 22
We would highly recommend Stacey to anyone who needs employment legal services. This was the first time we hired a lawyer to represent us for wrongful dismissal. Our case was a unique one which required creativity and an in-depth knowledge of employment law. It was evident to us in our first meeting that Stacey would be able to fight for our case because he listened to our situation and provided several strategies that we could work toward to achieve the result we want. The process was clear in the first day and the fees structure was discussed on the same day. Following his guidance, we were able to negotiate a strong settlement. Even though the process was stressful, he made it much easier for us and we shared a lot of laughs together. Thank you for standing up for us!
Marjolaine Cronin
Marjolaine Cronin
16:51 30 Jan 22
I'd never have thought that I would be treated unfairly at work and, as a result, wrongfully terminated. Well, I'm not the kind of person who is okay with being humiliated, so I contracted this employment lawyer as I heard he was one of the best in Canada. It definitely paid back. Thank you once again!!
iourii pilipenko
iourii pilipenko
20:20 10 Feb 22
I would highly recommend Stacey. He is the one that can stay for youAttentive.very knowledgeable, accurate.,reasonable,responsible. He gets in your shoes!!!
Candace Nitzsche
Candace Nitzsche
05:04 20 Mar 22
Working with Stacey Ball was especially delightful cuz he is quite transparent about the process, risks and possible options. It felt like I was in the hands of the professional right from the start.
Joyce Sanford
Joyce Sanford
21:31 04 Apr 22
Stacey R. Ball is the best lawyer. Now, I can understand why this lawyer has such a high rating. Very good job on my case.
My Heard
My Heard
10:24 08 May 22
Been a few years since I had to go to this firm about workplace harassment.. Now I can finally talk about it and express my gratitude, the team at mr. ball's practice is incredible, they will do their best for you
Kevin Long
Kevin Long
09:06 16 May 22
Highly appreciate your advice and help with race discrimination at work! In my particular situation, Stacey Ball and his team completed a thorough investigation to build a convincing case. I got an amazing representation. To sum it up, excellent job, this is the right employment lawyer!
Belle Miller
Belle Miller
08:25 28 Mar 22
Best lawyer for any employment issues, speaking from my own experience as well as my friend's
Monica Kohli
Monica Kohli
18:43 30 May 22
I just wanted to say a quick thank you for all your guidance and support and patience with me through a rather difficult time. Thanks to you guys it became easier to deal with. You made the process easy to understand and were on top of the game the whole time. Stacey, you have an awesome team and I absolutely loved your straightforward style.Thank you once again!
Louie Hays
Louie Hays
12:25 02 Jun 22
I recently had a consultation with this lawyer and got useful legal advice. So grateful for your help! You're my first call if things escalate.
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