Machtinger v. HOJ Industries Ltd. (Ont. C.A.)

P. v. Sky Service F.B.O. Inc.

Wrongful Dismissal: Appeal Dismissed as Statute-Barred

The Divisional Court dismissed an appeal from a motion judge's decision granting summary judgment to the employer, ruling that the employee's wrongful dismissal claim was statute-barred. The court applied the Limitations Act, 2002, finding that the limitation period began on the date of dismissal and was not postponed by the claimant's misunderstanding of legal significance or by commencing proceedings in the wrong forum.

B. et al. v. Guycan Ltd.

Wrongful Dismissal: Employee Status and Unpaid Commissions

This is a merits decision in a wrongful dismissal case involving an individual who worked through a personal corporation. The court determined the individual was an employee rather than an independent contractor, rejected the claim of constructive dismissal, and found that the individual had resigned. The court awarded damages for unpaid statutory public holiday pay and commissions, but found no entitlement to pay in lieu of reasonable notice.

K. v. Crossbridge Condominium Services Ltd.

Wrongful Dismissal: Successor Liability & Notice Appeal

This is an appeal from a motion judge's decision granting summary judgment for common law reasonable notice and lost benefits in a wrongful dismissal case involving a building services provider. The Court of Appeal dismissed the appeal, upholding the finding that the incoming provider was deemed an employer under the Employment Standards Act, 2000, and confirming the application of statutory interpretation principles to establish successor liability.

A. v. The Chiefs of Ontario

This is a procedural ruling regarding the award of substantial indemnity costs in a dispute involving the Chiefs of Ontario. The court considered whether the conduct of the parties warranted such costs, addressing issues of vexatious conduct by a self-represented litigant and the reasonableness of costs at the preliminary motion stage.

H. v. 1359768 Ontario Inc. (B&B Towing)

Wrongful Dismissal: Frustration & Company Asset Damages

This is an appeal from a wrongful dismissal decision where the Court of Appeal for Ontario dismissed the appeal regarding the issue of frustration of contract. The court found that the employment contract was not frustrated because the employee's essential duties were accommodable and there was a reasonable likelihood of return to work. Additionally, the court reduced the damages award by disallowing compensation for the loss of use of a company tow truck and cellphone, determining these were work tools rather than perquisites.