Simon published another article on First Reference Blog entitled “Employee’s age justifies wrongful dismissal damages of 24 months”. This post explores the recent court decision in Stephanie Ozorio v Canadian Hearing Society, 2016 ONSC 5440 where the court held that the employees age of 60 and the difficulty she would face competing with younger individuals for jobs at a comparable level justified a common law damage award of 24 months . While an employees age always factors into an assessment of an employee’s damages, this case demonstrates Judges are willing to accept these arguments more readily. A link to the blog post can be found here.
December 18, 2015
Simon published another article on First Reference Blog examining a recent decision that explains when an Employer can demand an Independent Medical Exam during the accommodation process. The test advanced by the Tribunal is one based on “reasonableness”. A link to this article entitled “To IME or not To IME, This is the Question”, can…
January 15, 2013
Simon published another article in First Reference Blog entitled, “British Columbia Court Of Appeal concludes employee’s conduct in workplace interpersonal conflict justified just cause for termination.” A link to the article can be found here.
The Ontario Court of Appeal recently addressed the issue of when replacement benefit coverage and a bonus were payable as part of an award of damages in a wrongful dismissal action. The case of Singer v. Nordstrong Equipment Limited 2018 ONCA 364 is a useful reminder of the key legal principles. This case is a…
January 15, 2016
Simon published an article at First Reference Blog on the recent 3.5 year criminal sentence handed down to a Project Manager arising from violations of the health and safety provisions of the Criminal Code. A summary of this groundbreaking decision, which is under appeal, can be found here.
September 15, 2016
Simon published another article on First Reference Blog entitled “Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal”. The case examines how an teacher was awarded a 12 month package, long term disability benefits for depression that arose after the termination and over…
January 23, 2015
Simon published another article on First Reference Blog on a recent court case that examined the potential liability arising from the termination of a short service employee who alleged he was bound by a 5-year fixed term contract. The case also discusses contract formation and a copy of the article can be found here.