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Serious insight for serious situations.

Serious insight for serious situations.

To mitigate or not to mitigate? That is the question

Often times in a constructive dismissal situation where an employee is demoted, the affected employee will have to decide whether or not they are required to accept the demoted position in order to mitigate any damages that they seek arising from the constructive dismissal. In the recent case of Dunstan Morgan v. Vitran Express Canada

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Oppression Remedy May Leave Corporate Directors Liable for Unpaid Wages and Constructive Dismissal Damages

In a recent blog, we observed that directors, officers and shareholders may be deemed to be “common employers” together with corporations; and that in certain circumstances, owners and operators may be “on the hook” for claims by employees and former employees. By way of another recent decision of the Ontario Superior Court of Justice, director

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Sick notes, spying, and a toilet seat prank

Sick notes, spying, and a toilet seat prank: Did these things comprise a successful basis for moral damages? On January 7, 2015 the Ontario Superior Court of Justice issued a decision in Ciszkowski v. Canac Kitchens, 2015 ONSC 73 (CanLII). This case concerns the acrimonious termination of an 18-year employment relationship between the plaintiff and his

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Feeling the pressure yet? Additional workload can cause legal liability for constructive dismissal

I recently read an article written by Leah Eichler for the Globe and Mail (January 17, 2015) titled: “Do more – without blowing a gasket.” In the article she referenced a colleague who never sleeps. She stated that he responds to her emails or texts late into the night and regardless of the hour he

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