Stephen Bernofsky

The plaintiff brought a motion for summary judgment for constructive dismissal after being temporarily laid off due to the COVID-19 pandemic.

The court found that the plaintiff was an employee from the start of his tenure, despite initially being paid through a personal corporation.

The court also held that the employment contract signed mid-employment was void for lack of consideration.

The employer had no contractual right to lay off the plaintiff, resulting in a constructive dismissal.

The court awarded 15 months' reasonable notice and $25,000 in punitive damages due to the employer's failure to pay statutory minimums.

This decision addresses the calculation of damages for wrongful dismissal and the award of costs following a successful summary judgment motion.

The court determined the final damages amount, excluding cell phone and internet costs from the notice period compensation.

It also awarded costs on a partial indemnity basis to the date of the Rule 49 offer and substantial indemnity thereafter, finding the plaintiff's offer more favourable than the judgment.

The plaintiff, a senior executive, was terminated without cause after nearly four years of employment.

He brought a summary judgment motion for wrongful dismissal damages.

The court found the termination clause in his employment contract unenforceable because it had the potential to provide less than the minimum termination and severance pay required under the Canada Labour Code.

The court awarded eight months' pay in lieu of notice, finding the plaintiff held a significant managerial role.

The court also awarded damages for a discretionary bonus for 2017 and the notice period, as it was an integral part of his compensation, but dismissed claims for unused vacation and statutory holiday pay.

The applicant was terminated without cause and sought a determination of his rights under his employment contract.

The contract stipulated a fixed notice period but was silent on mitigation.

The court held that the applicant had no duty to mitigate his damages, as the fixed notice provision displaced the common law.

Applying the contra proferentem rule, the court resolved an ambiguity in the termination clause to award 11 months' severance.

The court also ordered the severance to be paid as a lump sum and awarded the applicant a project bonus of $177,500 based on the agreed internal rate of return.

The plaintiff, Rishi Drepaul, was terminated without cause from his employment as a Processing Improvements Coordinator.

He was provided 9 weeks' notice, which he argued was insufficient.

On a motion for summary judgment, the court determined the appropriate notice period, the total remuneration including benefits, and the deductibility of Employment Insurance (EI) benefits.

The court found Drepaul was wrongfully dismissed and entitled to 11 months' salary in lieu of notice, with benefits estimated at 10% of his salary, and confirmed that EI benefits are not deductible from wrongful dismissal damages.