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Posts Tagged ‘Ontario Court of Appeal’

Motions for judgment in wrongful dismissal − the court of appeal’s latest statement

Tuesday, July 5th, 2011

One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.

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Tags: accrued vacation pay, Bardal Factors, Bardal v. The Globe & Mail, canadian employment law, Di Tommaso v. Crown Metal Packaging Canada LP, employment law, employment standards act, monetary compensation for the dismissed employee, Notice of termination, notice period, Ontario Court of Appeal, Ontario Superior Court, summary judgment in wrongful dismissal actions, Supreme Court of Canada, temporary employment, termination, the end of the notice period, working notice, wrongful dismissal, wrongful dismissal damages, wrongful dismissal litigation
Posted in Employment Standards, Human Resources | Make a Comment »

Ontario Court of Appeal deals with stock grants and termination

Tuesday, May 3rd, 2011

Long gone are the days when employees would receive pay cheques at the end of the week and possibly a Christmas bonus each year. Compensation for employees, particularly senior employees, has become increasingly complex as employers seek to incent specific behaviours among their executives. In addition, changing tax laws and the wild gyrations of the stock markets have made stock options more difficult to administer and less appealing to employees.

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Tags: Christmas bonus, Compensation for employees, damages for the employer’s failure to purchase the shares, employee stock grant programs, employment law, employment policies, incentives, Ontario Court of Appeal, pay cheques, period of reasonable notice, shares, stock grants, stock options, tax laws, terminated without cause, termination, termination of employment, terminations, valuation date, value of the shares
Posted in Employment Standards, Finance and Accounting, Human Resources, Internal Controls | Make a Comment »

Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim

Tuesday, September 7th, 2010

The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.

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Tags: bad faith in the matter of the dismissal, constructive dismissal, damages, discipline, Dismissal, employer code of conduct, employment law, intentional infliction of mental suffering, Ontario Court of Appeal, performance review, personal liability on a manager, terminations, tort liability, tort of negligence in the employment context, torts of battery, vicarious liability, vicariously liable, wrongful dismissal, Wrongful dismissal claims
Posted in Employment Standards, Human Resources | Make a Comment »

Court of Appeal rules on evidence of failure to mitigate

Wednesday, April 21st, 2010

Advancing a defence of failure to mitigate in a wrongful dismissal claim requires evidence that…

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Tags: canadian employment law, Dismissal, duty to mitigate, employment law, failure to mitigate, Ontario Court of Appeal, termination, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

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