O. v. Cavalier Tool & Manufacturing Ltd.
Appeal history
- Appeal from: O. v. Cavalier Tool, 2010 ONSC 3937 (CanLII)
Summary
This is an appeal to the Court of Appeal for Ontario from a trial judge's decision concerning a constructive dismissal. The employee sued the employer, Cavalier Tool & Manufacturing Ltd., and was successful at trial. The trial judge found the employee was constructively dismissed and that it was not unreasonable for him to refuse an offer to return to work. The Court of Appeal dismissed the employer's appeal, finding ample evidence that the employer fundamentally changed the terms of employment. The Court agreed it was objectively unreasonable to expect the employee to return to a small employer he had lost faith in, upholding the trial judge's damages.
Outcome
employer's appeal dismissed
Key Factors
- constructive dismissal
- unjust enrichment
- employment law
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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.