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This blog is not an ordinary blog – stick around until the end to understand why.
In an Endorsement dated September 19, 2025 (SC-24-0000-0033), Deputy Judge Stephen Collinson of the Ontario Superior Court of Justice dismissed the plaintiff's wrongful dismissal claim on the basis that:
- 1-The termination occurred within a valid probationary period; and
- 2-The termination was justified by the plaintiff's conduct.
The case centered on the plaintiff's termination from his position as a forklift operator. The plaintiff was employed under an employment agreement that included a 90-day probationary period.
The plaintiff sought damages for common law reasonable notice, aggravated, and punitive damages. The defendant argued that the plaintiff's probationary status allowed for termination without notice, provided it was done in good faith and the employee had a fair opportunity to demonstrate suitability. Deputy Judge Stephen Collinson agreed with the defense, citing the Ontario Court of Appeal's decision in Nagribianko v. Select Wine Merchants Ltd.. The Court found that the plaintiff had been given a reasonable opportunity to prove his suitability and that his conduct justified his termination.
Now, why isn't this just another blog? Well, for one, the counsel that was on for the defendant was...well it was me. For two, Deputy Judge Collinson provided the following in his endorsement:
During the course of this Trial, the Plaintiff's conduct was belligerent, disrespectful and erratic. On two separate occasions the Court had to resort to calling security into the Courtroom. The Court has no doubt on a balance or probabilities that the Plaintiff conducted himself in a similar fashion at the meeting that led to his dismissal.
[...]
The Court further finds that the Defendant had cause to dismiss the Plaintiff. His conduct in all of the circumstances was toxic.
In other words, yes, the plaintiff's conduct at trial was Exhibit A for our case. It is not easy to sit back and watch as a plaintiff oversteps time and time again in the course of a trial but these words from Deputy Judge Collinson is what makes it all worth it. It is a reminder to counsel that sometimes (if not always) the best advocacy for your client is to maintain your composure and allow the other side to show the Court exactly how difficult (or belligerent, disrespectful, erratic) they can be and let the Court make the connection.
Takeaway for employers: Being reasonable, even when dealing with an unreasonable employee or plaintiff, will usually get you further. Reach out to myself or the team at CCP to obtain a copy of the Endorsement and discuss how we can help your navigate your unreasonable situation!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
