Fortnum v. Royal City Plymouth Chrysler (1991) Ltd.

2006 CanLII 42789 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal and Oppression Remedy: Former Employee Granted Status Under Section 248 OBCA

Summary

A wrongful dismissal case where a former employee sought an oppression remedy under section 248 of the OBCA, alleging that the sole director and shareholder misused corporate assets by depositing proceeds into personal accounts, unfairly prejudicing the employee's interests. The court held that the director's conduct was oppressive and granted the applicant status as a complainant under the OBCA.

Outcome

Court held that the director’s conduct was oppressive and unfairly prejudicial to the applicant; former employee granted status as a complainant under section 248 of the OBCA.

Key Factors

  • wrongful dismissal
  • oppression remedy
  • section 248 OBCA
  • reasonable expectation
  • corporate governance

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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.