Lansens v. Onbelay Automotive Coatings Corp.

2006 CanLII 51177 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal and Defamation: Arbitration Clause Not Applicable to Employment Claims

Summary

A wrongful dismissal and defamation case where the plaintiff alleged misconduct by the employer and its officer. The defendants sought to stay the claims and refer them to arbitration under a Share Purchase Agreement, but the court ruled that the arbitration clause did not apply to the employment-related claims, which were to be resolved in Ontario courts.

Outcome

The court ruled that the arbitration clause in the Share Purchase Agreement did not apply to the wrongful dismissal or defamation claims, which were to be resolved in Ontario courts.

Key Factors

  • wrongful dismissal
  • defamation
  • arbitration clause
  • employment agreement
  • waiver of arbitration rights

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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.