Sentences with phrase «wrongful dismissal action»

We provide advice with respect to termination of employment relationships and appear in court in wrongful dismissal actions.

The vast majority of wrongful dismissal actions are resolved by voluntary settlements between the employer and employee before reaching trial.

The use of summary judgment motions now means that many wrongful dismissal actions are being decided prior to the conclusion of the notice period awarded to the plaintiff.

A proactive approach to employment agreement design, in other words, can help mitigate much of the risk associated with the trend toward motions for summary judgment in wrongful dismissal actions.

The reason that the first instance of such an award has occurred almost five years after the amendments to the Code is because of the high settlement rate of wrongful dismissal actions.

The Covelli case dealt with a request to have a Case Management Master appointed to 3 wrongful dismissal actions against Sears.

advancing or defending constructive and wrongful dismissal actions at all levels of court; and

A summary judgment motion for wrongful dismissal actions under the simplified rules is appropriate for very straight forward terminations without cause where the evidence is not in dispute.

Dismissed employees who initiate wrongful dismissal actions may claim other types of damages against their former employers such as moral damages and / or punitive damages in addition to wrongful dismissal damages.

Dan has also developed a diverse practice in all areas of employment litigation, including wrongful dismissal actions, unlawful competition by departed employees, occupational health and safety, human rights, judicial reviews, appeals as well as seeking injunctive relief against unlawful picketing activity.

Robert also appears in the Ontario Superior Court on wrongful dismissal actions, injunction and judicial review proceedings.

Proceeding by way of summary judgment motion will typically be faster, cheaper and more efficient than Small Claims Court for straightforward wrongful dismissal actions.

One of the last wrongful dismissal decisions of 2015, Drysdale v Panasonic Canada Inc., 2015 ONSC 6878 («Drysdale»), provides some useful insights into the judicial trends that will likely continue into 2016 when deciding wrongful dismissal actions.

In Whiten, the Court clarified Vorvis stating that the requirement of an independent actionable wrong can be met be either an independent tort, a breach of fiduciary duty or, significantly, a breach of a separate contractual duty such as the duty of good faith and fair dealing.3 The fact that a punitive damage award may be awarded for a breach of the duty of good faith and fair dealing increased the likelihood that punitive damages would be awarded in appropriate wrongful dismissal actions.

However, with recent workplace class action lawsuits for overtime and unpaid wages sharing national headlines with large scale downsizing and layoffs, class action lawyers have been sharpening their pens, taking aim at mass wrongful dismissal actions.

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Without cause wrongful dismissal actions that may not be amendable to a summary judgment motion are actions involving claims for damages for the failure to pay bonuses, commissions, or stock options that involve highly disputed facts.

We also represent employers before all levels of courts in wrongful dismissal actions, occupational health and safety matters, judicial reviews of decisions made by administrative tribunals and to obtain injunctive relief.

The past year has seen a significant rise in the number of wrongful dismissal actions that have been resolved following a motion for summary judgment, rather than a trial.

Casey advises on all workplace matters, including wrongful dismissal actions; grievances and arbitrations; union organizing and labour board applications; human rights applications; and workplace health and safety prosecutions.

(Hryniak v Mauldin, 2014 SCC 7 at para. 5) The Hyrniak case has had a substantial effect on the manner in which civil claims proceed and are adjudicated, and has perhaps had the most substantial effect on wrongful dismissal actions.

However, the cost of this type of survey is prohibitive and, therefore, impractical for wrongful dismissal actions.

The employee in this case appealed the dismissal of his wrongful dismissal action.

Sometimes certain documents that could be used in a wrongful dismissal action are documents that one party does not want to disclose.

Successfully defended a large retailer in a wrongful dismissal action brought by a senior executive.

Likewise, a Nova Scotia Deputy Minister of Justice was ordered not to dismiss a public employee before his wrongful dismissal action was decided on the merits.

Upon returning from vacation, Ms. Fernandes told Marketforce that she interpreted the email as constructive dismissal and commenced a wrongful dismissal action.

In the recent decision in Aylsworth v The Law Office of Harvey Storm, 2016 ONSC 3938, the Ontario Divisional Court dismissed the employer's appeal of a summary judgment motion, siding with a legal assistant in a wrongful dismissal action.

If a human rights complaint is brought as part of a wrongful dismissal action, courts will soon have broad powers to award extensive non-monetary human rights remedies, including reinstatement, where they previously were limited to taking violations into account only when awarding damages.

In Coffey v. Nine Energy Inc., 2017 ABQB 417, the plaintiff Nathan Coffey sought summary judgment in a wrongful dismissal action.

The leading case in Ontario on the commencement of the limitation period in a wrongful dismissal action is Jones v. Friedman, 2006 CanLII 580 (ON CA)(«Jones (CA)»).

[13] At para. 57 in Honda v. Keays, the Supreme Court of Canada confirmed the general damages allocated in wrongful dismissal actions are confined to the loss suffered as a result of the employer's failure to provide notice and that no damages are available to the employee for the actual loss of his or her job and / or the pain and distress that may have been suffered as a consequence of having been terminated.

Sam handles a diverse range of litigation cases with extensive experience in insurance and disability claims disputes, personal injuries actions and class actions, real estate litigation, wrongful dismissal actions, mortgage enforcement, condominium litigation, construction lien and Commercial Tenancy disputes.

Samuel S. Marr is well respected in his professional practice and handles a diverse range of litigation cases with extensive experience in insurance and disability claims, personal injuries actions Class actions, real estate litigation, wrongful dismissal actions, mortgage enforcement, condominium litigation, construction lien and Commercial Tenancy disputes.

Back to Mitigation Basics: A Must - Read for Anyone Prosecuting or Defending a Wrongful Dismissal Action

The employee might admit to the misconduct, effectively ending any wrongful dismissal action.

1 This appeal arises out of a wrongful dismissal action.

In a wrongful dismissal action, for example, parties would have the right to one motion before trial.

In a wrongful dismissal action a breach by the employer of its contractual duty of good faith and fair dealing can be classified as an actionable wrong that may entitle the dismissed employee to an award of punitive damages.

There has not been a wrongful dismissal action that alleged a bad faith systemic policy that has made it to trial.

An update on Honda and Keays, originally discussed here: An unprecedented $ 500,000.00 punitive damages award against Honda in this wrongful dismissal action has been decreased to $ 100,000 by the Ontario Court of Appeal.

Jennifer Bernardo has a broad litigation and advocacy practice, encompassing all areas of labour and employment law in Canada's common law jurisdictions, with a particular focus on employment standards, labour relations, human rights claims and wrongful dismissal actions.

The Keenans brought a wrongful dismissal action, seeking pay in lieu of reasonable notice.

The availability of an increased punitive damage award in a wrongful dismissal action because of a bad faith employer policy was recognized in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional Court considered an appeal of an order striking paragraphs in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.

[44] The leading case in Ontario on the commencement of the limitation period in a wrongful dismissal action is Jones v. Friedman, 2006 CanLII 580 (ON CA)(«Jones (CA)»).

Nagribianko v. Select Wine Merchants Ltd. was a wrongful dismissal action brought in Small Claims Court by the Plaintiff, Alexander Nagribianko («Mr. Nagribianko»).

For the purposes of a wrongful dismissal action, the employment contract is breached when the employer dismisses the employee without reasonable notice

A recent decision of the Ontario Superior Court saw the court award $ 50,000 in punitive damages to a plaintiff in a wrongful dismissal action.

The Superior Court of Justice ruled on the issue of common - employers and personal liability of directors in the context of a wrongful dismissal action.