Ontario Severance

P. v. P.

2020 ONCA 531 (CanLII)Court of Appeal for OntarioDecided Employment contract

P. v. P.: Oppression Claim and Wrongful Dismissal

Appeal history

  • Appeal from: P. v. P., 2019 ONSC 16 (CanLII)

Summary

This was an appeal to the Court of Appeal from a trial judge's decision in a breach of contract and oppression action. The employee sold his business and entered an employment contract with the buyer's company, which quickly went bankrupt after the employee was dismissed. The trial judge found the employee was wrongfully dismissed but held that the claim could only be pursued in bankruptcy because the contract was with the bankrupt company. The Court of Appeal upheld the dismissal of the employment claim, agreeing there was no oppressive conduct linked to the dismissal, but allowed the appeal in part to award $750,000 for the unpaid share purchase price under the commercial agreement.

Outcome

appeal allowed in part; $750,000 awarded for breach of contract

Key Factors

  • commercial agreement
  • employment contract
  • oppression remedy
  • wrongful dismissal claim against bankrupt employer

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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.