Ontario Court Finds No Frustration of Contract After Employee’s 33-Month Disability Leave

The Ontario Divisional Court’s recent decision in Boucher v. Black & McDonald Ltd.  provides an excellent overview of a number of fundamentally important elements of employment law, including the effect of an employee’s long term absence, frustration of the employment contract, the interplay of disability payments and wrongful dismissal damages, as well as human rights […]

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Former HR Director sues CBC, alleging wrongful dismissal & conspiracy to terminate

Serena Thadani-Anthony, former Executive Director of HR at the Canadian Broadcasting Corporation (CBC), has filed a wrongful dismissal claim against her ex-employer. This is one of four pending wrongful dismissal cases involving the CBC and reveals serious conflict and infighting at the corporation in the months following the Jian Ghomeshi scandal. The Claim Thadani-Anthony served as […]

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Ontario Court: “Age is an Impediment” for Older Employees after Termination

In its recent decision in Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice awarded 24 months’ notice to a 60-year-old employee following her termination. This decision illustrates the factors that courts will consider when determining what an appropriate notice period is for a longer service, older employee, and explicitly recognizes such individuals may […]

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Ont Court of Appeal Clarifies Position on Bonuses After Termination

In Paquette v. TeraGo Networks Inc., the Ontario Court of Appeal recently offered clarification on the issue of bonuses/bonus payments during a reasonable notice period following termination. The Facts At the time of his dismissal, Trevor Paquette had worked for TeraGo Networks Inc. in Alberta for approximately 14 years.  He was 49 years old, and […]

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