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 $130,000 in costs even though he admitted he had fraudulently calculated and entered in student marks. In this case, the school appealed and the decision was squarely overruled on the basis the trial judge misapplied the facts and the law and should have come to the conclusion there was just cause for dismissal. In the end, the teacher owed almost $100,000.00 in legal costs to the school. The case highlights how expensive litigation can be and how trial judges don’t always arrive at the correct decisions. A link can be found here.
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November 17, 2016
Simon published another article on First Reference Blog. The article entitled “Fresh Consideration and Employment Contracts” examines two recent cases, the Ontario Court of Appeal’s decision in Holland v. Hostopia.com Inc., 2015 ONCA 762 and a recent trial decision in Gibbons v. BB Blank Inc., 2016 CanLII 44181 on how companies can make employment contracts…
March 19, 2014
Simon published an article on First Reference Blog entitled Ontario Human Rights Tribunal rules company discriminated against employee with developmental disability by paying her wages of $1.25 per hour. A copy of the article can be found here.
December 20, 2017
Simon published another article on First Reference Blog entitled “5 Employment Law Predictions for 2018”. In this article, Simon explored: (1) the increase in sexual harassment cases brought about, in part, by the “me too” movement; (2) the amendments to the Employment Standards Act, 2000 brought about by Bill 148 and in particular the equal…
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…
October 17, 2016
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…
December 14, 2012
Simon published another article in First Reference Blog entitled, “The intoxicate holiday party employee: Avoiding social host liability”. A link to this article can be found here.