ASSOCIATIONS
Wrongful Resignation Lawyer
STACEY REGINALD BALL
82 SCOLLARD STREET TORONTO, ON, M5R 1G2
82 SCOLLARD STREET TORONTO, ON, M5R 1G2
STACEY REGINALD BALL
FEATURED BY 
AS MOST FREQUENTLY RECOMMENDED EMPLOYMENT LAWYER.
Highest Ranking – Canadian Legal Expert Directory
Selected as a Leading 500 Lawyer ( out of 150,000 Canadian Lawyers )
THE TEST TO DETERMINE WHETHER AN EMPLOYEE HAS RESIGNED IS AN OBJECTIVE ONE – WOULD A REASONABLE PERSON HAVE UNDERSTOOD THAT THE PLAINTIFF RESIGNED GIVEN ALL THE SURROUNDING CIRCUMSTANCES?
UNEQUIVOCAL EVIDENCE
Areas of Employment Law
Employees may resign from their place of work for any number of reasons. The terms and conditions under which an employee resigns are often outlined in the employment contract, which specifies the required notice period and other relevant details. See Assouline v. Ogivar Inc. (1991), 39 C.C.E.L. 100 (B.C.S.C.) There must be clear and unequivocal evidence that the employee has actually resigned, or else an employer may find themselves in trouble. Further, the resignation must be given freely and voluntarily. An employee who “resigns” because their employer demands it is not considered to have resigned at all under the law. Like many areas of employment law, the particular circumstances of an individual’s resignation are crucially important. For example, an emotional and spontaneous outburst of “I quit!” and a comment that an employee was going to start looking for new employment were found to be insufficient to terminate an 11-year employment relationship.
See Widmeyer v. Municipal Enterprises Ltd. (1991), 36 C.C.E.L. 237 and Lelievre v. Commerce and Industry Insurance Co. of Canada (2007), 57 C.C.E.L. (3d) 31 (B.C.S.C.). As another example, if the parties do not agree on an exact termination date, it is less likely that the courts will find a valid resignation. See Moore v. University of Western Ontario (1985), 8 C.C.E.L. 157 (Ont. H.C.J.). An employee who has properly resigned is able to change their mind unless the employer has acted to its detriment on the employee’s expressed intention to resign. See Robinson v. Team Cooperheat-MQS Canada Inc. (2008), 67 C.C.E.L. (3d) 219 (Alta. Q.B.) and Lelievre v. Commerce and Industry Insurance Co. of Canada (2007), 57 C.C.E.L. (3d) 31 (B.C.S.C.) for recent Canadian cases on this point.
Employee’s Wrongful Resignation
The length of notice that a resigning employee must give depends on various factors such as the employee’s responsibilities, length of service, salary, and the time it will take the employer to replace the employee. The employee’s position and duties are crucial in determining the appropriate notice period. An employee who fails to provide proper weeks’ notice of resignation to their employer may constitute a wrongful resignation. In some cases, providing only two weeks’ notice may not be sufficient, depending on the employment contract and the employee’s position. An employee may be breaching their contractual obligations under an employment agreement or collective bargaining agreement, or they may even be breaching their legal obligation and fiduciary duty to the employer. If an employee’s wrongful resignation occurs, the employer may have an action for damages.
See GasTOPS Ltd. v. Forsyth, [2009] O.J. No. 3969 (Ont. S.C.J.). Further, if an employee fails to provide reasonable notice, the employer may have an action for damages. If an employer claims damages, they must show evidence of a loss and they must demonstrate that they mitigated their loss. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice and assistance in an employment or labour matter, please contact the experts at Ball Professional Corporation.
REASONABLE NOTICE
CONSULTATIONS
Helping you recognize and enforce your employment rights
Canadian Employment Law
Mr. Ball is the 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
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!
Ritesh Jadhav
13:40 16 Aug 24
Losing a job unfairly is a stressful experience, but Mr. Stacey Ball provided not only legal support but also emotional reassurance. I'd highly recommend him to anyone facing a similar situation. He truly goes above and beyond for his clients!
Nicholas Banks
17:31 18 Aug 24
We engaged this lawyer to assist our company with a complex employment dispute. Stacey Ball took the time to understand our company’s policies, procedures, and the specifics of the case. He kept the process moving efficiently and allowed us to make informed decisions without unnecessary delays. The outcome of the case was also favourable, thanks to Mr. Ball’s hard work and dedication.
Jennifer Patricia
19:51 01 Oct 24
Stacey Ball and his team provide outstanding representation for wrongfully dismissed employees. From the initial consultation, Mr. Ball will demonstrate his deep understanding of employment law, and he will share straightforward, realistic expectations so clients can make informed decisions with confidence. His team is always responsive, and they provide clear guidance throughout the process to help clients feel informed and supported during a stressful time.Mr. Ball's fees are reasonable, enabling clients to receive equitable settlements from former employers, and to move forward with their lives and careers. This firm is highly recommended for anyone facing employment issues!
Josna
07:07 24 Oct 24
It was quite distressing to face an unfair firing, but Mr. Stacey Ball helped me when I needed it. I heartily suggest him to anyone facing a comparable circumstance. For his clientele, he really goes above and beyond!
Puspa Latha
07:06 24 Oct 24
Stacey R. Ball handled my issue quickly and with clarity, giving me straightforward advice. His knowledge was priceless.
Rana shoaib Shoaib l
09:28 31 Oct 24
Experiencing an unjust dismissal was extremely upsetting, but Mr. Stacey Ball provided me with support when I needed it. To anyone in a similar situation, I highly recommend him. He goes above and above for his customers!
Sarah Noor
09:43 02 Nov 24
I'm very appreciative of Stacey for helping me get through a challenging job circumstance; she truly made it feel doable.
Suny Sajid
03:44 08 Dec 24
I went to Stacey Ball after being fired unfairly. His correspondence was consistently professional and timely, and I felt comforted to have such a skilled attorney on my side. Strongly advised if you're having trouble finding work in Toronto!
Muhammad zeshan
07:05 05 Nov 24
It was pleasant working with Mr. Ball on my out-of-line denial claim. In the end, I received a settlement that was more notable than I had anticipated.
S
17:16 04 Mar 25
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.Update 2025:I visited Stacey in 2023-2024 several times, sometimes for consultations sometimes for something more involved. He is excellent as usual. I find his advice and other problem solving things he did for me very valuable. Money well spent.There is a good reason why he is busy. He is a very effective lawyer and he helps achieve just outcomes. There is nothing automatic about justice, high skill is required to get there. If things are going sideways at work, it is important to get advice as soon as possible. Talk to Stacey right away. Very highly recommend.