Ontario Severance

M.C. v. Costco wholesale Canada Limited

2012 ONSC 5307 (CanLII)Ontario Superior Court of JusticeDecided Termination

Termination for Cause: Falsification of Benefits Claims

Summary

This is a merits decision regarding a wrongful dismissal claim where the employer terminated a managerial employee for cause due to the falsification of medical benefits claims and providing false information during an investigation. The court applied the McKinley test to determine if the conduct undermined the essential trust in the employment relationship, finding that just cause for termination was established. The plaintiff's additional claims for human rights damages and bad faith related to a workplace injury were dismissed due to lack of evidence.

Outcome

Termination for cause upheld; human rights and bad faith claims dismissed

Key Factors

  • termination for cause
  • falsification of benefits
  • breach of trust
  • McKinley test
  • human rights discrimination

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More Ontario employment decisions from 2012

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.