Constructive Dismissal Claims in Ontario Employment law in Ontario is a nuanced and sophisticated area of law, mainly because it involves many different legal rules from employment contracts to employment standards legislation to common law. One of the hotly contested areas is a claim of
Punitive Damages in Ontario Wrongful Dismissal Cases
In recent court decisions, courts in Ontario have awarded punitive damages to employees for an employer's bad behaviour during wrongful dismissal claims. What are Punitive Damages in Employment Law Cases? In employment disputes, such as wrongful dismissal or constructive dismissal cases, punitive
The Case of Giacomodonato v PearTree Securities Inc., 2023 ONSC 3197
The recent Ontario court case of Giacomodonato v PearTree Securities Inc., 2023 ONSC 3197 involved a few important legal principles, including the legal enforceability of an employment contract. This case involved an employee who was employed as President of the company. Following his
What is a Wrongful Dismissal in Ontario Employment Law?
Understanding Wrongful Dismissal in Ontario Employment Law When it comes to Ontario employment law, the phrase "wrongful dismissal" is generally misunderstood. From a strictly legal perspective, it does not mean that an employer has no right to terminate an employee's job, or that by terminating an
What to Know of an Employee’s Duty to Mitigate in Ontario Employment Law
Under basic legal principles, if a party to a contact (such as an employment contract) suffers a violation of its terms known as a breach of contract, a court will typically award them damages (or financial compensation) to put them in the position they would have been in had the other party to the
What is a Fixed-Term Employment Contract?
In Ontario law, an employment relationship can be based on a simple verbal understanding and agreement, or it can be codified in writing. This is call an employment contract. The purpose of an employment contract is to set out in detail all of the terms and conditions of the relationship between an
Factors to Consider When Looking for a Toronto Employment Lawyer
For many people, deciding whether or not to seek legal action against an employer when your employment is terminated is a big decision that comes with a lot stress and uncertainty. Generally, when looking for an employment lawyer, some typical questions an employee may ask themselves (or their
Employer’s Duty to Accommodate under Ontario Human Rights Law
Under the Human Rights Code, all employers have a duty to accommodate to the point of undue hardship all the needs of people with specific personal characteristics, including disabilities. The main goal is to make sure they have equal opportunities, equal access and can enjoy equal benefits as all