Employment and Labour Law - ONCA

The appellant appealed the striking of his wrongful termination claim against the respondent employer.

The claim was struck by the motions judge under Rule 21.01(1)(a) of the Rules of Civil Procedure on the basis that it was barred by the two-year limitation period under the Limitations Act.

The appellant had been terminated on October 6, 2015, and was required to commence his action by October 6, 2017.

Although the appellant sent a letter on September 29, 2017, purporting to be a Notice of Action, it did not comply with the formal requirements of Rule 14.03(2) and Form 14C of the Rules of Civil Procedure.

The appellant did not file his Statement of Claim until November 1, 2017, which was outside the limitation period.

The Court of Appeal upheld the striking of the claim and dismissed the appeal.

The respondent was employed by the appellant, a commercial real estate company, from 2001-2004 and again from 2009-2017, serving as Managing Director.

Upon termination without cause on January 19, 2017, the respondent received statutory minimums under the Employment Standards Act but no bonus compensation.

The respondent sued for wrongful dismissal, claiming damages for reasonable notice, benefits during the notice period, and lost bonus compensation.

The motion judge found the termination clause unenforceable as it contracted out of employment standards without providing greater benefits.

The Court of Appeal upheld this finding and confirmed the respondent's entitlement to bonus damages for both the period worked and the notice period, as well as benefits compensation.

Appeal of wrongful dismissal damages award.

Employer terminated employee without cause and conceded entitlement to 18 months' notice.

Trial judge awarded damages for lost opportunity to earn carried interest plan entitlements during notice period and for foreign exchange methodology differences.

Appellate court allowed appeal in part, setting aside damages for lost carried interest opportunities but upholding foreign exchange award.

Key issue: whether employee entitled to damages for incentive compensation under plan that employer had contractual right to terminate, where plan was integral to employee's compensation package.

An employee-owned engineering firm terminated a 31-year employee without cause and paid him for his shares based on the fair value 30 days after termination, as specified in the shareholders' agreement.

The employee sought damages for wrongful dismissal and claimed he was entitled to share value calculated at the end of the reasonable notice period (26 months) plus share bonuses accrued during that period.

The motion judge granted partial summary judgment in the employee's favour, relying on the principle that a wrongfully dismissed employee should be placed in the position they would have been in if lawfully terminated.

The appellate court reversed, holding that the employee's contractual rights under the shareholders' agreement are separate and distinct from his common law employment rights, and that the shareholders' agreement clearly triggered the share repurchase process upon termination of employment, not at the end of the notice period.

The appellants appealed a wrongful dismissal judgment awarded by the trial judge in favour of the respondent.

The Court of Appeal upheld the trial judge's decision, finding no error in the award of damages for wrongful dismissal.

The appeal was dismissed with costs awarded to the respondent.

An appeal from a trial judgment that recognized a new common law tort of harassment and found the defendants liable for intentional infliction of mental suffering.

The plaintiff, an RCMP constable, alleged harassment and bullying by RCMP managers from 2005 to 2012.

The trial judge awarded $100,000 in general damages, $41,000 in special damages, and $825,000 in costs.

The appellate court reversed, holding that no tort of harassment exists in Ontario and that the elements of intentional infliction of mental suffering were not established.

The court found numerous palpable and overriding factual errors in the trial judge's findings, particularly regarding the plaintiff's failure to comply with regulations requiring leave without pay before running for political nomination and the bona fides of management's concerns about conflicts of interest.

The appellant employer appealed the dismissal of its motion for summary judgment seeking to enforce a release signed by the respondent employee upon his dismissal.

The release purported to waive any claim for long-term disability benefits.

The motion judge found the release unconscionable and unenforceable as it related to the long-term disability claim.

The Court of Appeal allowed the appeal, finding that the motion judge erred in determining unconscionability on summary judgment.

The court held that the issue of unconscionability and enforceability of the release was a genuine issue requiring trial determination.

The appellant appealed a motion judge's decision dismissing his action in the Ontario Superior Court on the basis that the Canada Industrial Relations Board has exclusive jurisdiction over his claim.

The appellant sought redress for union disciplinary actions taken against him following his allegations of financial and procedural improprieties within the union.

The Court of Appeal upheld the motion judge's decision, finding that the essential character of the claim fell within the exclusive jurisdiction of the Canada Industrial Relations Board under the Canada Labour Code.

Hampton Securities Limited appealed a trial judgment in which the trial judge found that the employee, Christina Nicole Dean, was not indebted to Hampton for trading losses, was constructively dismissed, and was entitled to six months' notice in lieu of salary.

The trial judge also awarded damages for defamation and punitive damages, along with costs on a full indemnity basis.

The Court of Appeal upheld all findings, rejecting Hampton's arguments regarding the employment contract interpretation, constructive dismissal, the enforceability of the termination clause, the qualified privilege defence to defamation, and the appropriateness of punitive damages and costs awards.

An appeal from a trial judgment in which the trial judge found that an employee, who held the position of Assistant Vice President of Campus Services and Building Operations, had misappropriated nearly one million dollars from York University through various fraudulent schemes between 2007 and 2009.

The employee was terminated without cause and paid a severance package of $696,166 with mutual releases after vehemently denying any wrongdoing.

York subsequently discovered the full extent of the misconduct and sued to rescind the severance agreement and recover the stolen funds.

The trial judge found that the employee had fraudulently misrepresented his innocence and that the claim was not barred by the limitations period.

The appeal was dismissed.

The appellant appealed a trial judgment dismissing his claim for wrongful (constructive) dismissal and related relief.

The Court of Appeal upheld the trial judge's finding that the employment agreement was frustrated, rejecting the appellant's arguments regarding workplace harassment and his inability to return to work within a reasonable time.

The court also rejected the appellant's argument that he was constructively dismissed due to termination of employment benefits, finding that the benefits terminated on the same date the employment contract was frustrated.

The appeal was dismissed with costs awarded to the respondent.

An appeal of a wrongful dismissal judgment where the trial judge awarded an investment banker 18 months' reasonable notice damages following his dismissal without cause due to the closure of his employer's Mergers & Acquisitions division.

The principal issue on appeal concerned whether damages should include the deferred portions of the employee's bonus (60% of annual bonuses paid as notional shares that would vest over time).

The appellants also challenged the trial judge's awards for vacation pay, prejudgment interest, and costs.

The Court of Appeal upheld the trial judge's decision in all respects.

The appellant appealed a trial judgment awarding damages for wrongful termination of a promotional contract.

The trial judge found that the contract required the respondent to promote the appellant's product, not serve as a brand ambassador, and that the morals clause was not violated by the private transmission of nude photographs within an intimate relationship, particularly where the act occurred before the contract was executed.

The trial judge awarded $162,500 in damages representing outstanding periodic payments over the four-year contract term.

The appeal was dismissed.

The appellant, a minor injured when a barista poured scalding hot water on her hands at a Starbucks location, appealed the motion judge's decision striking the Statement of Claim against the individual defendants (the barista and store manager).

The motion judge had struck the claim on two grounds: that it did not disclose a reasonable cause of action and that suing the individuals constituted an abuse of process.

The Court of Appeal allowed the appeal, holding that employees can be personally liable for their own negligence while acting within the scope of employment, and that naming individual defendants for discovery purposes does not constitute an abuse of process when a proper cause of action has been pleaded against them.

An employee appealed a judgment regarding vesting of stock options under an employment contract.

The application judge found that a sale of substantially all of the company's assets to Lexmark constituted a triggering event causing the employee's unvested options to vest.

The Court of Appeal upheld the decision on all grounds, finding that the Option Plan was binding, the sale constituted a triggering event, the employee properly exercised the options, the employee reasonably did not mitigate by seeking employment with Lexmark, and the requirement to purchase options through a holding company was appropriate.

The appeal was dismissed with costs.

The appellant appealed the dismissal of his wrongful dismissal claim on summary judgment.

The appellant was hired by Atomic Energy of Canada but was terminated after providing false information on his security clearance questionnaire and during the hiring process.

He failed to disclose his employment at Ivaco Rolling Mills and misrepresented his whereabouts when contacted about an employment offer.

The Court of Appeal upheld the summary judgment dismissal, finding that the breach of honesty went to the core of the employment relationship, particularly given the national security context and the appellant's access to nuclear facilities and sensitive information.

The appellant appealed a Divisional Court decision that reversed a Small Claims Court judgment finding wrongful termination.

The respondent employer terminated the appellant, a probationary employee, before completion of six months of employment without just cause.

The trial judge had disregarded the probationary clause in the employment contract, finding it was not properly communicated.

The Court of Appeal upheld the Divisional Court's reversal, holding that the probationary term was valid and unambiguous, and that probationary employees may be terminated without notice during the probationary period if the employer makes a good faith determination of unsuitability, provided the employee was given a fair and reasonable opportunity to demonstrate suitability.

The appellant received statutory notice as required by the Employment Standards Act, 2000.

The appellant, a self-represented litigant, sued her former employer for constructive dismissal and unpaid wages.

The trial judge found constructive dismissal but denied damages based on a contractual notice provision.

The trial judge also dismissed the claim for unpaid wages, statutory holidays, and sick days, finding the appellant had abandoned these claims.

The Divisional Court affirmed.

The Court of Appeal allowed the appeal in part, finding the trial judge had misapprehended the evidence regarding abandonment of the unpaid wages claim and failed to make adequate inquiries of the self-represented litigant.

The court awarded judgment for unpaid wages and costs.

The respondent brought an action for wrongful dismissal against a union local and its directors.

The union pleaded that section 3(2) of the Rights of Labour Act precluded it from being named as a party.

After the limitation period expired, the union moved to dismiss the action on this ground.

The motion was dismissed.

The respondent then successfully moved for a representation order allowing individual defendants to defend on behalf of union members.

The appeal addressed whether an action improperly naming a union could be amended after the limitation period expired by obtaining a representation order.

The majority held that the action was not a nullity and that the representation order could be granted as a correction of the party's name under the Rules of Civil Procedure.

The dissent argued that section 3(2) created an absolute statutory requirement for a representation order and that the majority's approach created unacceptable uncertainty in the law.

The applicant brought a motion for an extension of time to appeal an order denying his motion to set aside a consent order for discontinuance of his wrongful dismissal action against the respondent bank.

The applicant claimed he had consented to the discontinuance with prejudice due to mistake, mental health issues, and misunderstanding.

He also alleged the judge improperly gave legal advice, that court transcripts were fabricated, and that there was a conspiracy involving the judge and others.

The chambers judge denied the extension of time, finding the appeal had no real chance of success.

The Court of Appeal dismissed the applicant's motion for review, finding the chambers judge properly exercised her discretion and that the applicant's allegations were entirely without evidentiary support.