Substantial Punitive Damages Awarded for Employer Conduct

A recent decision from British Columbia has awarded a substantial sum of punitive damages. Such an award is intended to punish for outrageous and intentional wrongdoing. It is usually quite difficult to obtain. On this occasion, the trial judge set the damage award at $110,000. Aggravated damages are also additional damage sums which are awarded […]

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Avoiding the Employment Contract Part 3

This is part three of our ongoing analysis of key issues in written employment contracts. Even where an employment contract is legal and enforceable, there remain employee remedies which the contract cannot take away. Human Rights Remedies Ontario law prohibits an employer from acting unfairly towards any employee based on certain protected human rights. These […]

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Tax Issues in Employment Cases

The issue of how damages for wrongful dismissal or constructive dismissal are treated for the purposes of taxes can be complicated and important. The Default Setting Generally speaking, a claim for lost income for the “notice period” and also payment of the minimum statutory sums will not only be taxable, but also will require the […]

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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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