Doyle v. Zochem Inc.

2017 ONCA 130 (CanLII)Court of Appeal for OntarioDecided Wrongful dismissal

Doyle v. Zochem: Moral Damages for Insensitive Dismissal

Summary

This is an appeal from a wrongful dismissal decision involving an employee terminated without cause. The Court of Appeal for Ontario addressed whether moral damages of $60,000 were justified due to the employer's insensitive and misleading conduct, applying the Honda Canada Inc. v. Keays framework. The court also considered the overlap between moral damages and damages under the Human Rights Code for sexual harassment, and awarded substantial indemnity costs against the appellant.

Outcome

appeal dismissed

Award

$60,000 in moral damages upheld; substantial indemnity costs awarded against the appellant

Key Factors

  • wrongful dismissal
  • moral damages
  • breach of good faith
  • Honda Canada Inc. v. Keays
  • substantial indemnity costs

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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.