Ontario Severance

G. v. Allianz Insurance Co. of Canada

2005 CanLII 7883 (ON CA)Court of Appeal for OntarioDecided Constructive dismissal

Constructive Dismissal: Systemic Discrimination Pleadings

Appeal history

Summary

This is an appeal from a procedural ruling in a wrongful dismissal action where the plaintiff alleged constructive dismissal based on race and ethnic origin. The Court of Appeal addressed whether allegations of systemic discrimination could be pleaded as part of a wrongful dismissal claim and reviewed the appropriateness of appellate costs.

Outcome

appeal allowed; struck pleadings reinstated

Award

Appellate costs reduced to $11,000 inclusive of disbursements and GST.

Key Factors

  • constructive dismissal
  • systemic discrimination
  • striking out pleadings
  • appellate costs

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More Ontario employment decisions from 2005

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.