Simon published another article on First Reference Blog entitled “Refusing a 50 km commute not a failure to mitigate”, where he reviewed a recent Ontario Court of Appeal decision where the court held that the Plaintiff’s decision not to explore a new job that was 50 kms away from her house did not constitute a failure to mitigate. A link to the decision can be found here.

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August 22, 2012

Simon presented a 3 hours session to the HRPA on Age Discrimination. He presented a seminar and then led the participants through two fact scenarios so that they could work through difficult and challenging human resources issues involving age.

March 15, 2017

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…

December 2018

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…

April 16, 2013

Simon published another article for First Reference Blogs on a recent Human Rights decision where the Tribunal ordered a massive damage award against an employer for failing to consider employment options beyond the employee’s pre-injury job. A link to the article can be found here.

August 24, 2015

Simon published another article on First Reference Blog entitled “Poor drafting leads to finding of fixed term contract” about a recent B.C. Supreme Court’s finding that an employer had agreed to a 3 year fixed term contract and owed damages for the balance of the contract for the early termination of the contract. A link…