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Wrongful Dismissal

ONCA Provides Guidance on Duty to Mitigate In Wrongful Dismissal

In Lake v La Presse, 2022 ONCA 742, the court said it was ok that the employee declined to search for lesser replacement jobs.

14 November 2022
Employee Wins Despite Corporate Shell Game

In Wisser v CEM International, 2022 ABQB 414, an employee was able to hold a related corporation and directors personally liable for severance.

27 June 2022
currie appeal severance
26 Month Reasonable Notice (Severance) Upheld In Currie Appeal

Currie v Nylene, 2022 ONCA 209 is a new appeal decision where an exceptional 26 month severance award was upheld.

18 April 2022
Another 24 Month Severance Award In Alberta

In Oostlander v Cervus, 2022 ABQB 200, the Alberta Court of Queen’s Bench awarded 24 months’ severance to a non-management employee.

14 March 2022
verigen v ensemble
COVID Economic Downturn Not Frustration of Employment Contract

Verigen v Ensemble Travel, 2021 BCSC 1934, is a new case where an employer had to pay severance despite decline in business due to COVID

7 March 2022
Employer Not Allowed to Play Dumb on Resignation
Employer Not Allowed to Play Dumb on Resignation

In First Choice Collision v Talbot, the Alberta employment standards appeal tribunal rejected an employer’s argument that the employee had resigned.

15 February 2022
Just Cause For Employee With Angry and Rude Outburst

The Saskatchewan Court of Appeal upheld a just cause termination for an employee who had an angry and rude outburst with his boss.

19 January 2022
3 Months Severance and $10k Damages for 17 Year Old Dishwasher

Bass v Boston Pizza, 2021 ABPC 315 is a new Alberta decision where the employer’s just cause argument failed and the short-term employee did well.

21 December 2021
Gender (Female) A Factor In Big Alberta Severance Award

Cordeau-Chatelain is a new Alberta case where a middle manager was awarded 18 months reasonable notice severance, in part because she is female

10 November 2021
Two business men discussing bonuses and severance payments
24 Months Severance + Discretionary Bonus Awarded

Schaufert v Calgary Co-Op is a new Alberta case where the court awarded 24 months reasonable notice plus discretionary bonuses as severance.

28 September 2021
Man that has experienced damages due to an unjust dismissal.
“Thin Skull” Aggravated Damages in Wrongful Dismissal?

Younesi v Kaz Minerals Project BV, 2021 BCSC 614 is a new wrongful dismissal decision out of British Columbia involving…

11 August 2021
A construction worker that has been affected by covid-19
COVID-19’s Impact on Job Search Efforts After Dismissal – Dexterra Case

Mohammed v Ag Dexterra is a case involving a high notice period for a short service employee, and a finding that COVID-19 made finding work harder.

2 June 2021

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