by Stacey R. Ball | Jan 9, 2022 | Cause for dismissal, constructive dismissal, employee or dependent contractor, Employment Contracts, Employment Law, General, Wrongful Dismissal
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 which could... 
by Stacey R. Ball | Jan 7, 2022 | Cause for dismissal, constructive dismissal, employee or dependent contractor, Employment Contracts, Employment Law, General, Wrongful Dismissal
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 employee, and the... 
by Stacey R. Ball | Jan 3, 2022 | Cause for dismissal, constructive dismissal, General, Wrongful Dismissal
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 (“Hogan”),... 
by Stacey R. Ball | Dec 28, 2021 | Cause for dismissal, constructive dismissal, employee or dependent contractor, Employment Contracts, Employment Law, General, Wrongful Dismissal
On September 7th, 2021, the Toronto Transit Commission announced its mandatory vaccination policy. According to this policy, employees or dependent contractor who have not had their COVID-19 vaccine would be placed on unpaid leave beginning November 21st. Those who... 
by Stacey R. Ball | Oct 1, 2021 | Cause for dismissal, constructive dismissal, Wrongful Dismissal
At common law, employers do not have a duty to investigate allegations of misconduct prior to dismissing an employee. However, having no duty to conduct investigations at common law does not necessarily mean that courts do not want to see those investigations taking... 
by Stacey R. Ball | Jan 25, 2021 | constructive dismissal
Generally, the law provides some protection to employees when the employer wants to fire them. For example, the Ontario Employment Standards Act stipulates that most employees who have worked more than three months have the right to receive a minimum amount of notice,... 