Ontario Severance

H. v. Coreio Inc.

2018 ONCA 633 (CanLII)Court of Appeal for OntarioDecided Constructive dismissal

Constructive Dismissal: Remote Work Termination Appeal

Appeal history

Summary

This is an appeal by an employer dismissed by the Court of Appeal for Ontario in a constructive dismissal case. The court found that ending a longstanding remote-work arrangement breached an essential term of the employment contract, amounting to constructive dismissal. The court also addressed mitigation duties regarding commuting and bonus entitlements during the notice period.

Outcome

employer's appeal dismissed; employee's cross-appeal allowed; 20.5 months' notice upheld

Award

Bonus throughout notice period directed

Key Factors

  • constructive dismissal
  • work-from-home
  • essential term
  • mitigation
  • bonus entitlement

Related Cases

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T. v. Salytics: Constructive Dismissal Appeal

The Court of Appeal for Ontario dismissed an appeal challenging a ruling that a temporary lay-off clause was not a termination clause under the Employment Standards Act, 2000. The court addressed whether the lay-off constituted constructive dismissal at common law and interpreted the employment agreement's substance over form, confirming that the clause incorporated ESA requirements.

F. v. Susur Lee Group Inc.

2026 ONSC 4380 (CanLII) · 2026-07-28

Constructive Dismissal Appeal: Condonation and Mitigation

This is an appeal to the Divisional Court from a trial judge's decision in a constructive dismissal case involving the Susur Lee Group Inc. The appeal addressed whether the employee's silence and delayed proceedings constituted condonation of the employer's repudiatory breach, whether ESA payments during a closure amounted to a return to work, and whether continued work could serve as mitigation. The Divisional Court found legal errors in the trial judge's analysis regarding condonation, the effect of ESA payments, and mitigation, allowing the appeal and ordering a new trial.

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2026 ONSC 4161 (CanLII) · 2026-07-16

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N. v. Township of Morley

2026 ONSC 3772 (CanLII) · 2026-06-26

Constructive Dismissal: Potter Test Applied

This wrongful dismissal case addressed whether the Township of Morley's actions constituted a constructive dismissal of the employee. The court found that the employer did not unilaterally change an essential term of the contract and that a reasonable employee would have persevered, thus constructive dismissal was not established. Consequently, the claim for damages was dismissed, although an alternative assessment of notice was noted as one year reduced to six months had liability been found.

F. v. Sigma Lithium Corporation

2026 ONSC 2596 (CanLII) · 2026-05-01

Constructive Dismissal: Damages for Unilateral Modifications

This case addresses whether unilateral modifications to duties and marginalization amounted to constructive dismissal, applying the Bardol factors to determine reasonable notice. The court found constructive dismissal established and awarded damages in lieu of notice, along with aggravated and punitive damages due to the employer's egregious conduct.

More Ontario employment decisions from 2018

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.