2 total
Constructive dismissal found after employer cancelled vehicle benefit; notice period reduced due to failure to mitigate.
The plaintiff brought a motion for summary judgment claiming constructive dismissal after his employer unilaterally cancelled his company vehicle benefit.
The court found the cancellation constituted a significant reduction in compensation and amounted to constructive dismissal.
The employment contract's termination clause was deemed void for ambiguity regarding statutory minimums.
The court set a reasonable notice period of 10 months, but reduced it by 30% to 7 months because the plaintiff failed to mitigate his damages by moving away from the job market.
The parent company was found to be a common employer.
Damages were awarded in the amount of $56,025.
Appeal of Master's refusal to stay action in favour of foreign arbitration dismissed.
The appellants appealed a Master's decision dismissing their motion to stay their Ontario action against their insurer in favour of an arbitration in India.
The underlying dispute involved machinery damaged during transit.
The court dismissed the appeal, noting that the limitation period had expired and no arbitration had actually been commenced in India.
The Master was found to have applied the correct principles in refusing the stay.
