When calculating damages for failing to provide reasonable notice of termination, can an employer deduct statutory termination pay and severance already paid to the employee?
The 1996 decision of the Court of Appeal for Ontario in Stevens v. The Globe and Mail, 1996 CanLII 10215 (ON CA), affirmed that the employer is entitled to make such deductions.
How is commission income addressed when calculating severance under Ontario employment law?
In Shelp v. GoSecure Inc., 2025 ONSC 49, the Honourable Justice Charles T. Hackland of the Ontario Superior Court of Justice sitting in Ottawa affirmed that “it is common practice in the case law for courts to estimate a terminated employee’s commission income based on averaging pre-termination earnings.”
Can an employment contract in Ontario legally prohibit someone from suing for wrongful dismissal? Can your employer require you to “arbitrate” your case rather than allowing you to use the public court system?
In Irwin v. Protiviti, 2022 ONCA 533, Ontario’s top court held that arbitration clauses in employment agreements are not automatically “illegal” and that questions about any particular arbitration provision are to presumptively be resolved by an arbitrator, not the courts.
I asked DALL-E, ChatGPT’s image generator, to depict various lawyers as animals and then to explain what caused it to choose the animal selected. Here are the results.
Of course I had to start with employment lawyers. DALL-E depicts employment lawyers as foxes. Here its explanation:
How long will it take and how much will it cost before a judge can dismiss this wrongful dismissal case against me? That is a frequent question of employers who find themselves on the receiving end of a wrongful dismissal action in which the primary legal question is whether the employer’s employment contract legally establishes the employee’s severance entitlement.
In Bertsch v. DatastealthInc., 2024 ONSC 5593, the Ontario Superior Court of Justice demonstrated that when the parties make use of the tools the system affords them, the system can work.
As a summary of the chronology of events, the plaintiff’s employment was terminated on June 7, 2024. He filed his statement of claim on July 18, 2024. The employer’s motion to dismiss was heard on October 7, 2024, and the court released its decision on October 8, 2024.
That is how employment law cases should run.
