The plaintiff employee in Lemyre v. Residential Energy Savings Products Inc. (2020 ONSC 7866) successfully brought a claim for wrongful dismissal damages against her former employer. At trial, the court awarded to the plaintiff $41,000.00 in damages.
If only Canada were to have such clear laws. Here, it is critical for operators of online platforms to understand that this issue remains largely unlegislated and left to the common law; which holds that a person will not be responsible, as a publisher, if the person’s sole participation in the publication of the defamatory material is merely their “innocent” involvement in the purely administrative or mechanical phases of publication.
THD Inc. c. Sa Majesté la Reine (2018 CCI 147), a recent Tax Court of Canada decision, provides a fresh reminder for lawyers to be mindful of potential tax implications of damage awards.