Dubreuil v. Dubreuil Forest Products Ltd.
Wrongful Dismissal: Statutory Defences Unavailable Under Employment Standards Act
Summary
A wrongful dismissal case where an employee was terminated without notice or payment in lieu of notice. The Employment Standards Officer found the termination lacked statutory cause, and the court determined that statutory defences under the Employment Standards Act could not be relied upon in the wrongful dismissal action due to the doctrine of issue estoppel. The trial will proceed on remaining issues of reasonable notice and punitive damages.
Outcome
Statutory defences unavailable; trial to proceed on remaining issues of reasonable notice and punitive damages
Key Factors
- wrongful dismissal
- employment standards act
- issue estoppel
- statutory defences
- reasonable notice
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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.