Resources: Litigation
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Employer Restructuring and Transitions: An Important Contextual Factor in Constructive Dismissals
November 23, 2021
In Costello v. ITB Marine Group Ltd., 2021 BCCA 154, the BC Court of Appeal upheld a trial judge’s finding that the plaintiff had not been constructively dismissed from her employment when some of her employment duties were changed as a result of her employer’s restructuring.
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When to Fight and When to Fold: A Cautionary Tale for Employers That Defend a Wrongful Dismissal Claim on “Principle”
January 15, 2021
How do you convince a client that wants to defend a wrongful dismissal claim of the fact that its claim of just cause for termination is devoid of legal merit? You can start by showing it the reasons for decision in Hrynkiw v. Central City Brewers & Distillers Ltd., 2020 BCSC 1640, where the B.C. Supreme Court not only found in favour of the plaintiff but gave him everything he was asking for – including an order for costs.
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When to Fight and When to Fold: A Cautionary Tale for Employers That Defend a Wrongful Dismissal Claim on “Principle” -
Ontario Court of Appeal Refuses to Recognize Freestanding Tort of Harassment
January 2020
In Merrifield v. Canada (Attorney General), 2019 ONCA 205, the plaintiff was a longstanding member of the RCMP who alleged that his supervisors had discriminated against him for years. The strained relationship began when the plaintiff had run for public office. He was considered to be in a potential conflict of interest following his investigation of threats against a political rival.
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What Could Go Wrong When an Employer Rehires a Former Employee It Previously Terminated, Without Cause, But Under the Cloud of a Sexual Harassment Complaint?
June 2019
It’s surprising that the question in the title of this article even needs to be asked. However, in the case of Colistro v. Tbaytel, 2019 ONCA 197 the Ontario Court of Appeal upheld a lower court decision that considered just that scenario. The Court of Appeal’s distaste for the Employer’s conduct is apparent from the opening words of the decision:
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What Could Go Wrong When an Employer Rehires a Former Employee It Previously Terminated, Without Cause, But Under the Cloud of a Sexual Harassment Complaint? -
Advancing Unfounded Just Cause Defence Leads To Large Damages Award
May 2019
The B.C. Supreme Court’s recent decision in Bailey v. Service Corporation (Canada) ULC, 2018 BCSC 235 highlights the perils of advancing unfounded just cause allegations and a court’s willingness to sanction such conduct with substantial aggravated and punitive damages awards.
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BC Court of Appeal Confirms High Standard for Mental Distress Damages
January 2019
An employee who believes they have been wrongfully dismissed from their employment can seek damages in court for both the fact of their dismissal and the manner in which they were dismissed. In Cottrill v. Utopia Day Spas and Salons Ltd., 2018 BCCA 383, the Court of Appeal affirmed that there remains a high threshold in British Columbia for plaintiffs seeking mental distress damages.
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“It Don’t Matter If You’re Black Or White”*… It’s Illegal to Discriminate
December 2018
In 1991, Michael Jackson’s hit single, “Black or White”, topped the Billboard Hot 100 just three weeks after its release. Perhaps it was the universally positive anti-racism message, as much as the music itself that propelled its popularity. Regardless, one would have thought that by 2018 it would have been well understood that the fact that an employee was white/Caucasian does not create a defence for an employer’s racist conduct. Sadly, Spruce Hill Resort and Kin Wa Chan must not have been Michael Jackson fans.
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“It Don’t Matter If You’re Black Or White”*… It’s Illegal to Discriminate -
Breach of Telecommute Agreement Resulted in Constructive Dismissal: Hagholm v. Coreio Inc., 2017 ONSC 7713, varied 2018 ONCA 633
November 2018
The Ontario Court of Appeal recently affirmed a decision of the Ontario Superior Court of Justice which found that an employee had been constructively dismissed when the employer revoked her telecommute agreement and arbitrarily reduced her annual bonus.
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Breach of Telecommute Agreement Resulted in Constructive Dismissal: Hagholm v. Coreio Inc., 2017 ONSC 7713, varied 2018 ONCA 633 -
Candour in the Context of Employment References: A Review of Kanak v. Riggin, 2018 ONCA 345
November 2018
The Ontario Court of Appeal recently upheld an important lower court finding that employers can be shielded from liability for giving negative employment references.
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Candour in the Context of Employment References: A Review of Kanak v. Riggin, 2018 ONCA 345 -
An Employer’s Duty to Provide a Discrimination-Free Workplace
November 2018
A recent B.C. Human Rights Tribunal decision serves to remind employers of their duty to provide a discrimination-free workplace.
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An Employer’s Duty to Provide a Discrimination-Free Workplace