Resignation — Ontario Employment Law

M. v. Salesfloor Inc.

Unpaid Commissions: Resignation & Policy Incorporation

This case concerns a dispute over unpaid commissions owed to a former employee after her resignation. The court determined that the 2020 Commission Policy governed the plaintiff's entitlements because she did not consent to the 2021 policy changes. Applying the principle of contra proferentem to resolve ambiguities in the disbursement clause, the court found the plaintiff was the effective cause of the deals and entitled to the commissions earned before her resignation.

P. v. Sharon Veterinary Clinic Professional Corporation

Constructive Dismissal: Veterinarian Resignation Claim

This case involved a veterinarian with 20 years of service who claimed constructive dismissal after his employer refused to send a termination letter to a client. The court determined that the employee's refusal to return to work constituted a resignation rather than a constructive dismissal, leading to the dismissal of his wrongful dismissal and Human Rights Code claims.

B. v. Schiffer, CPA Professional Corporation

Wrongful Dismissal Appeal: Resignation and Termination for Cause

This is an appeal from a Deputy Judge's decision in a wrongful dismissal action brought by an employee against a CPA professional corporation. The employee alleged wrongful dismissal and defamation after resigning and being terminated for cause following the discovery of an unauthorized invoice. The appeal focused on whether the Deputy Judge erred in dismissing the wrongful dismissal claim and in defining the term 'fraudulent' in the context of the defamation claim.

E. et al. v. Disi-Peri Mgt. Inc.

Wrongful Dismissal: Resignation vs Dispute

This case involves a plaintiff who claims wrongful dismissal and seeks pay in lieu of notice, while the defendant argues the plaintiff resigned. The court must determine whether the termination was without cause or a resignation, and interpret the Employment Agreement regarding notice and severance. The employment dispute is part of a broader action involving oppression remedies for minority shareholders and share valuation.

N. v. IBM Canada Ltd.

Appeal dismissed: No resignation or frustration

This is an appeal from a motion judge's decision in a wrongful dismissal case involving an employee with mental health issues. The central issue was whether the employee's failure to appeal a denial of short-term disability benefits or return to work constituted resignation, abandonment, or frustration of the employment contract. The Court of Appeal dismissed the appeal, finding the employer failed to prove resignation, abandonment, or frustration.

M. v. Mark Wilson’s Better Used Cars Limited

Wrongful Dismissal Appeal: Resignation vs Termination

This is an appeal to the Divisional Court from a trial judge's decision in a wrongful dismissal action. The central issue was whether the employee resigned or was terminated without cause, with the court applying the principle that resignation must be clear and unequivocal. The appeal also addressed the standard of review for sufficiency of reasons and credibility findings, with the appellate court deferring to the trial judge's assessment of evidence.

M. v. RJM Holdings Limited

Wrongful Dismissal: Resignation vs. Constructive Dismissal

This case addresses whether an employee was wrongfully dismissed or constructively dismissed after her duties were altered due to the employer's financial losses, or if she effectively resigned. The court found that the employer's actions constituted a good faith exercise of contractual authority, leading to a finding of resignation rather than wrongful dismissal. Consequently, no damages for wrongful dismissal were awarded, although a notice period was provisionally assessed for other purposes.

N. v. IBM Canada Ltd.

This case addresses whether a long-term employee's failure to return to work after denial of short-term disability benefits constituted resignation, abandonment, or frustration of contract.

D. v. (Waterloo) Police Services Board

Jurisdiction: Resignation Agreement & HRT Ontario

This is an interlocutory proceeding concerning jurisdictional conflicts between the Superior Court and the Human Rights Tribunal of Ontario regarding the enforcement of a resignation agreement. The court addressed whether section 137.1(3) of the Courts of Justice Act applies to administrative tribunal proceedings and whether the Tribunal has exclusive jurisdiction over the settlement agreement's confidentiality provisions. The court declined to exercise jurisdiction, emphasizing the Tribunal's role in determining its own jurisdiction.

E. v. Manulife Financial Corporation

Binding Resignation: Rescission Denied After Acceptance

This case addresses whether an employee can rescind a written notice of retirement after the employer has accepted it. The court applied contract law principles to determine that the resignation was clear, unequivocal, and binding, preventing rescission. The court also assessed hypothetical damages for notice and evaluated the employee's duty to mitigate.

M. v. Ralota Technologies Inc.

Wrongful Dismissal: Appeal Dismissed, 3 Months Notice Awarded

This is an appeal from a tribunal decision regarding whether an employee resigned or was terminated without cause. The Divisional Court dismissed the appeal, confirming that the employee was terminated without just cause and was entitled to three months' reasonable notice.

C. v. Commercial Spring & Tool Company Limited

C. v. Commercial Spring: Wrongful Dismissal Appeal

This is an appeal from a trial decision in a wrongful dismissal action where the trial judge found the employee had resigned. The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's acceptance of unchallenged evidence supporting the resignation finding.

P. v. Telus Corporation

Constructive Dismissal Appeal: Causal Link and Acquiescence

This is an appeal from a trial decision in a constructive dismissal case where the employee alleged that increased working hours and a poisoned work environment forced their resignation. The Court of Appeal reviewed whether the trial judge erred in finding that the employee's resignation lacked a causal link to the alleged breaches and that the employee had acquiesced to the changes by remaining in the position.

F. v APPS Cartage Inc.

This is an appeal to the Divisional Court from a trial judge's decision in a wrongful dismissal dispute between an employee and their employer. The central issue was whether the employee was terminated without cause or had voluntarily resigned, with the trial judge finding insufficient evidence of resignation and relying on Service Canada documentation. The appeal challenged the trial judge's sufficiency of reasons and credibility findings regarding the termination event.

C. v Commercial Spring & Tool Company Limited

Wrongful Dismissal: Resignation vs Dismissal Burden of Proof

This wrongful dismissal case addressed whether the plaintiff voluntarily resigned or was dismissed without cause after taking leave to administer his father's estate. The court examined the burden of proof on the employer to establish resignation and considered inconsistent prior pleadings by the plaintiff. The claim for wrongful dismissal was dismissed as the employer successfully proved the resignation was voluntary.

J. v Simmons da Silva LLP

J. v Simmons da Silva LLP: Resignation Ambiguity

This is a summary judgment motion addressing whether the plaintiff's actions constituted a clear and unequivocal resignation or if the employer breached its duty of good faith by failing to clarify the plaintiff's ambiguous intent. The court analyzed the contextual circumstances, including the plaintiff's emotional distress and the employer's failure to inquire, to determine if a valid resignation occurred and what damages, if any, were owed for wrongful dismissal.

R.D. v Colt Food Services Limited

This is an interlocutory proceeding regarding the appropriateness of summary judgment in a wrongful dismissal action. The plaintiff alleged wrongful termination without cause, while the defendant argued the plaintiff resigned or abandoned employment. The court must determine if there are genuine issues requiring a trial regarding the nature of the termination, the applicable notice period, mitigation obligations, and alleged human rights violations under the Ontario Human Rights Code.

Prim8 Group Inc. v T.

This case addresses whether senior officers and employees breached their duty of good faith and loyalty by resigning without notice and inducing other employees to breach their contracts. The court found liability for breach of duty and conspiracy where defendants' actions impeded the employer's operations and involved unlawful conduct.

P. v Telus Corporation

Constructive Dismissal: Resignation and Poisoned Work Environment

This case addresses whether the plaintiff established constructive dismissal following unilateral changes to employment terms and a poisoned work environment. The court examined if the resignation was causally linked to the employer's breach and whether condonation precluded the claim. Additionally, the plaintiff's claims for bad faith termination and intentional infliction of mental suffering were dismissed as the employer's investigation was conducted in good faith.

Gagnon & Associates Inc. et. al. v J. et. al.

Constructive Dismissal & Resignation Notice Dispute

This case addresses whether an enforceable employment contract existed between the parties and determines if the employee was constructively dismissed or liable for insufficient notice of resignation. It further examines the employee's breach of duty of loyalty and confidentiality, as well as the employer's liability for punitive damages regarding breaches of the Employment Standards Act.