S. v. Toronto Dominion Bank
Constructive Dismissal: Senior Executive Awarded 13-Month Notice Damages
Appeal history
- Appealed to the Court of Appeal for Ontario: S. v. Toronto-Dominion Bank, 1999 CanLII 3727 (ON CA) (appeal dismissed)
Summary
A constructive dismissal case involving a senior executive whose responsibilities were unilaterally reduced following the hiring of another executive. The court found that the changes constituted a fundamental breach of the employment contract, establishing constructive dismissal. The employee was awarded damages for a 13-month notice period, including salary, bonus, stock options, and benefits.
Outcome
Constructive dismissal established; employee awarded damages for 13-month notice period.
Award
Damages awarded for 13-month notice period, including salary, bonus, phantom stock options, and benefits.
Key Factors
- constructive dismissal
- unilateral changes to employment
- breach of employment contract
- damages calculation
- duty to mitigate
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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.