Ontario Severance

Chevalier v. Active Tire & Auto Centre Inc.

2013 ONCA 548 (CanLII)Court of Appeal for OntarioDecided Constructive dismissal

Constructive Dismissal: Poisoned Work Environment Appeal

Summary

This is an appeal from the Court of Appeal for Ontario concerning a constructive dismissal claim where the employee refused an offer of re-employment. The central issues were whether the trial judge erred in applying the legal test for the reasonableness of the employee's refusal and whether the work environment was truly 'poisoned' by harassment and intimidation.

Outcome

null

Award

null

Key Factors

  • constructive dismissal
  • mitigation of damages
  • poisoned work environment
  • reasonableness of refusal
  • Evans v. Teamsters

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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.