Archive for the ‘Wallace Damages’ Category

Outstanding Criminal Charges Affect Employee’s Duty to Mitigate

Friday, February 6th, 2009

Clark v. BMO Nesbitt Burns Inc. – Ontario Court of Appeal – Oct. 1, 2008

An employee who has outstanding criminal charges against them prior to being terminated may be given more latitude by the Courts regarding what is considered reasonable employment for the purposes of mitigation. read more »

Speaker’s Corner: Surprise decision brings surprise results

Friday, September 26th, 2008

Honda Canada Inc. v. Keays – Supreme Court of Canada – June 27, 2008

Little more then four months after the Supreme Court of Canada heard the appeal of Honda Canada Inc. v. Keays, the court’s decision was released. The court had the opportunity to alter the practice of both employment law and the common law in general. read more »

Mistaken Bad Faith

Friday, August 22nd, 2008

Mulvihill v. Ottawa (City) – Ontario Court of Appeal – March 25, 2008

Committing a mistake when dismissing an employee, such as terminating the employee while they are on sick leave, does not meet the requirement of bad faith damages. read more »