Termination — Ontario Employment Law

N. v. Liquor Control Board of Ontario

N. v. LCBO: Judicial Review of Termination Dismissed

This is a judicial review application concerning the termination of an employee by the Liquor Control Board of Ontario. The applicant sought to challenge the termination as an exercise of statutory power, but the Divisional Court found no jurisdiction for judicial review, noting the dispute was governed by a collective agreement and subject to grievance arbitration. The application was dismissed as frivolous, vexatious, and an abuse of process.

H. v. Cronos Group Inc.

H. v. Cronos Group Inc. - Summary Judgment Dismissed

This is a procedural ruling on a motion for summary judgment in an employment dispute concerning stock options and termination agreements. The court dismissed the motion, finding that genuine issues for trial existed regarding the value of unexercised options, equitable set-off, and limitation periods, necessitating a full trial.

B. v. Van Dolder’s Home Team Inc.

Ontario CA: Termination Clause Enforceability Under ESA

The Court of Appeal for Ontario heard appeals regarding the enforceability of termination clauses in employment contracts under the Employment Standards Act, 2000. The court addressed whether phrases like 'at any time' and 'for any reason' invalidate without cause termination provisions and whether 'just cause' definitions broader than 'wilful misconduct' are enforceable when minimum ESA entitlements are preserved. The court allowed the appeal in B. and dismissed the appeal in Li, confirming that referential incorporation of ESA entitlements is acceptable and declining to reconsider the Waksdale precedent.

F. v. Sun Life Assurance Company of Canada

F. v. Sun Life: Jurisdiction & LTD Dismissal

This case addresses whether a dispute arising from an employee's resignation and termination falls under exclusive arbitral jurisdiction via a collective agreement or can proceed as a civil claim for negligent misrepresentation. The court also examined whether an insurer's summary judgment regarding the termination of long-term disability benefits should be granted, finding genuine issues for trial regarding policy administration and credibility.

C. v. H. et al

Fixed-Term Termination: Unenforceable Clauses & Liability

This case involves a determination on the enforceability of termination clauses in an employment contract and the remedies available for the early termination of a fixed-term agreement. The court found the termination provisions unenforceable due to non-compliance with minimum standards, applying principles from Waksdale v. Swegon North America. Additionally, the court confirmed the employee's entitlement to wages for the balance of the fixed term, citing Howard v. Benson Group Inc., and held individual defendants jointly and severally liable alongside the corporation following a default judgment.

S. v. Starbucks Coffee Canada Inc.

Starbucks Settlement Enforceability: Repudiation & Duress

This is a summary judgment motion concerning the enforceability of a settlement agreement reached in the context of an employee's termination. The court addressed whether an email acceptance created a binding contract despite an unsigned release, whether the employer's erroneous 'for-cause' letter constituted repudiation, and whether the employee was subjected to financial duress. The motion judge found the settlement enforceable and dismissed the action.

O. v Direct Coil Inc.

Dismissal for Cause: HR Employee Confidentiality Breach

This case addresses whether an employer had just cause to dismiss an HR employee for breach of confidentiality and dishonesty, applying the McKinley and Dowling standards regarding trust in sensitive positions. The court upheld the dismissal for cause, finding that the misuse of personnel records and repeated denials were incompatible with continued employment. Additionally, claims for aggravated damages based on the manner of dismissal and human rights discrimination were dismissed.

C. v. Cooling Tower Maintenance Inc.

Settlement Agreement Repudiation & Lump Sum Dispute

This is a summary judgment decision regarding a dispute over a settlement agreement entered into upon the termination of employment. The court addressed whether the failure to disclose re-employment repudiated the agreement and whether the cessation of payments extinguished a fifty percent lump sum obligation. The court found that the agreement was not repudiated and that there was a breach for failing to pay the lump sum, ordering payment while dismissing the counterclaim for aggravated or punitive damages due to lack of evidence regarding heightened duties of loyalty.

B. v. Van Dolder’s Home Team Inc.

Ontario Appeal: Enforceability of ESA Termination Clauses

This is an appeal to the Court of Appeal for Ontario concerning the enforceability of termination provisions in employment contracts under the Employment Standards Act. The court addressed whether the appeal raised issues of broader public interest and granted leave to intervene to advocacy organizations to provide perspective on the impact of such clauses on vulnerable workers.

W. v. McMaster University

Judicial Review: Tenured Professor Dismissal for Misconduct

This is a judicial review of a Hearing Committee's decision to remove a tenured professor for misconduct, including inappropriate relationships with students. The Divisional Court applied the reasonableness standard under Vavilov and found the decision to terminate employment was reasonable and proportionate.

G. v. C. and CSCNO

This is a motion to strike and leave to amend proceeding concerning the jurisdiction of the court over employment-related claims. The plaintiff, whose employment was governed by a collective agreement, sought to challenge her termination and alleged a breach of the duty of fair representation by the union. The court determined that disputes arising from collective agreements and claims regarding the duty of fair representation fall under the exclusive jurisdiction of labour tribunals, such as the Ontario Labour Relations Board, rather than the courts.

B. v. Van Dolder’s Home Team Inc.

B. v. Van Dolder’s: Termination Clause Enforceability

This is an appeal to the Court of Appeal for Ontario concerning the enforceability of termination provisions in employment contracts and their compliance with the Employment Standards Act, 2000. The specific procedural issue addressed was whether the Ontario Chamber of Commerce and the Canadian Association of Counsel to Employers should be granted leave to intervene in the private dispute. The court considered the broader public policy implications of termination clauses and the test for intervention in private disputes raising significant public issues.

W. v. Facebook Canada Ltd.

Facebook Canada: 10 Months Notice Awarded for Wrongful Dismissal

This case addresses the enforceability of termination clauses and the calculation of reasonable notice for an employee terminated without cause. The court analyzed compliance with the Employment Standards Act, the forfeiture of Restricted Stock Units, and the award of 10 months' notice while rejecting a claim for punitive damages.

B. v. M.

Post-Termination Harassment & Confidentiality Injunction

This interlocutory proceeding addresses whether an injunction and Anton Piller order should be granted against a former employee who allegedly misused confidential information and harassed a senior executive after termination. The court applied the RJR-MacDonald test for injunctions and the Celanese test for Anton Piller orders, noting that the risk of irreparable harm is presumed in cases of misuse of confidential information. The case also considered Charter arguments regarding state action and awarded substantial indemnity costs due to the defendant's reprehensible conduct.

C. v. Township of Ignace

Wrongful Dismissal: Adjournment Denied Pending Appeal

This is an interlocutory motion regarding whether a wrongful dismissal trial should be adjourned pending a related Supreme Court of Canada leave application. The plaintiff argued that the trial should proceed to adjudicate the enforceability of a termination provision independently, while the defendant sought a delay. The court denied the adjournment to avoid unnecessary delays and preserve judicial resources.

D.C. v. Arista Homes Limited

D.C. v. Arista Homes: ESA Compliance in Termination Clauses

This appeal concerns the enforceability of termination provisions in an employment contract under the Employment Standards Act, 2000. The Court of Appeal addressed whether clauses allowing termination for cause or without cause complied with statutory minimums, applying principles of statutory interpretation that favor employees and encourage compliance with the ESA.

B. v. Van Dolder’s Home Team Inc.

Enforceability of Termination Clauses: B. v. Van Dolder’s

This is a summary judgment motion in a wrongful dismissal case where the court examined the enforceability of the employment contract's termination provisions. The court found both the 'without cause' and 'with cause' termination clauses unenforceable because they failed to comply with the minimum standards of the Employment Standards Act (ESA), applying principles from Waksdale, Dufault, and Perretta. Consequently, the employer's motion for summary judgment was dismissed.

T. v. Aurora Hotel Group

Termination: Substantial Indemnity Costs for ESA Breaches

This is a costs ruling in a wrongful dismissal case where the plaintiff's employment was terminated without written notice or timely payment of statutory entitlements. The court determined that the defendants' egregious conduct in the termination process and their breaches of the Employment Standards Act, 2000, justified an award of substantial indemnity costs to mark the court's disapproval.

M. v. Enthusiast Gaming Inc.

Termination of Engagement: Fixed-Term Contract Dispute

This was a summary judgment motion concerning the termination of engagement and entitlement to unvested stock options. The court applied principles of contractual interpretation to determine that the plaintiffs' engagement was not a fixed-term contract, thereby dismissing their claim for damages related to unvested shares.

F. et al v. Wrestling Canada Lutte et al

Termination Clause Interpretation: Appeal Allowed, Claim Struck

This is an appeal from a motion judge's decision regarding the interpretation of without cause termination and dispute resolution clauses. The Divisional Court allowed the appeal, finding the motion judge's findings inconsistent, and struck the claim because the termination was lawful and no dispute survived to be arbitrated under the Arbitration Act, 1991.