David A. Whitten

The plaintiff brought a motion for summary judgment in a wrongful dismissal action, arguing that the termination provisions in her employment agreement violated the Employment Standards Act, 2000 (ESA) and were therefore void.

The court found that the plaintiff, a sophisticated employee who received independent legal advice, entered into an agreement that explicitly incorporated ESA minimums and provided greater benefits in certain circumstances.

The court held that the 'just cause' provision did not contravene the ESA and dismissed the action against the parent and affiliate companies, finding no joint employer relationship.

The termination provisions were upheld as valid.

The plaintiff, a professional hockey player, sued the defendant for wrongful termination of a promotional contract.

The defendant had terminated the agreement citing the plaintiff's demotion to a minor league team and the circulation of nude photographs of the plaintiff on the internet.

The court found that the defendant was not entitled to rescind the contract as it had received much of what it bargained for, and the morals clause did not apply retrospectively to the private sharing of intimate photos.

The plaintiff was awarded $162,500 in damages for the remainder of the contract term and its renewal.

The plaintiff, a 63-year-old Vice-President of Finance with 17 years of service, brought a motion for summary judgment alleging constructive dismissal after his employer unilaterally imposed a 40 percent salary reduction due to financial difficulties.

The employer argued the reduction was temporary and later alleged just cause for termination.

The court found the salary reduction constituted a constructive dismissal and rejected the after-the-fact allegations of cause.

The plaintiff was awarded 23.75 months' salary in lieu of reasonable notice, reflecting a 24-month notice period reduced by a small contingency factor for mitigation.