Fraser v. Proscience Inc.

2005 CanLII 21549 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: Senior Manager Dismissed for Breach of Fiduciary Duties

Summary

A wrongful dismissal case involving a senior manager who was dismissed for cause after engaging in competing business activities, misusing employer resources, and soliciting clients. The court upheld the dismissal as justified due to breach of fiduciary duties, but awarded partial disgorgement of $10,000 for the breach.

Outcome

Dismissal upheld as justified; partial disgorgement of $10,000 awarded.

Award

Partial disgorgement of $10,000 awarded for breach of fiduciary obligations.

Key Factors

  • wrongful dismissal
  • fiduciary duties
  • breach of loyalty
  • just cause
  • disgorgement of profits

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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.