Canada: Unfair/ Wrongful Dismissal

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

To Sue Or Not To Sue: Is Commencing A Lawsuit While On Working Notice A Repudiation Of Employment?

In this case, the employee was a Merchandiser and Logistics Coordinator with 30 years of service at an agricultural commodities trading firm.

Canada Employment

F

Fasken

Retirement Offers: When Are They Binding?

In the B.C. Supreme Court case of Pringle v. Ritchie-Smith Feeds Inc., 2025 BCSC 1211, the Court provided clarity on what is required to make a retirement final and binding.

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Repudiation Of Employment Contracts: What Employers Need To Know

Most employers are familiar with the idea that employees can "quit" or be "fired." But what's less obvious and more risky is when an employer unintentionally repudiates the employment contract.

Canada Employment

SL

Spring Law

Contrasting Wrongful Dismissal Awards: Lessons For Employers

Two recent court decisions illustrate the wide range of possible outcomes in wrongful dismissal claims in Canada.

Canada Employment

C

Cassels

Court Of Appeal Summaries (October 20 – 24, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Ontario Court Dismisses Case Quoting That Plaintiff's Behaviour At Trial Likely Same As Behaviour At Work

Canada Employment

C

CCPartners

Solides protections de la LVMO pour les dénonciateurs : Un chef de la direction reçoit plus de 5 M$ CA

Canada Employment

BC

Blake, Cassels & Graydon LLP

Ontario Arbitrator Confirms Last Chance Agreements Mean What They Say

Canada Employment

WH

Williams HR Law

BC Supreme Court Finds Employee Repudiated Employment By Suing During Notice Period

Canada Employment

MT

McCarthy Tétrault LLP

The $5 Million Reprisal: Ontario Superior Court Of Justice Interprets Securities Act Anti-Reprisal Provisions For The First Time

Canada Employment

C

Cassels

The Sad State Of The Duty To Mitigate

Canada Employment

MT

McCarthy Tétrault LLP

Whistle While You Work – Court Awards $5.4M For OSC Whistleblower

Canada Employment

GW

Gowling WLG

Proving Failure To Mitigate: Rare, But Not Impossible

Canada Employment

MT

McCarthy Tétrault LLP

A Broken Vase Can't Always Be Fixed: When Employees Lie In The Workplace

Canada Employment

PH

Piccolo Heath

The CRA Voluntary Disclosure Program: A Guide For The Canadian Taxpayer

RS

Rotfleisch & Samulovitch P.C.

Share Redemption And Share Retraction: Tax Treatment By CRA—plus They Are Useful Tax Planning Tools

RS

Rotfleisch & Samulovitch P.C.

NASA Rover Discovers More Compelling Indicators Of Ancient Life On Mars

Canada Technology

GL

Goodmans LLP

BC Supreme Court's Recent Cowichan Decision

Canada Litigation

BD

Burnet, Duckworth & Palmer LLP

Introducing Green And Spiegel's Attorney Accessibility Program: Peace Of Mind When Entering The U.S.

Canada Immigration

Gs

Green and Spiegel

Ontario Court Applies Protection From Reprisals Provision In The Securities Act

The Ontario Superior Court of Justice has issued its first decision interpreting and applying the anti-reprisal provisions of the Ontario Securities Act (the Act).

Canada Commercial

TL

Torys LLP

A Rare Common Sense Win For Employers In Ontario: Li v. Wayfair

The use of the seemingly anodyne phrase "at any time" in employment contracts has recently become the subject of both judicial scrutiny and much...

Canada Employment

OH

Osler, Hoskin & Harcourt LLP

Workplace Harassment In Ontario: What Your Employer Can And Cannot Do

Experiencing harassment at work can be an isolating and deeply distressing experience. It can make a once-welcoming workplace feel hostile and can have a significant impact on your health and career.

Canada Employment

U

Unified LLP

Employment Essentials: Employment Law Changes 2025 And Beyond

On 10 October 2024, the Government published the Employment Rights Bill (ERB) 2024-2025, promised within the first 100 days of the new Parliament with reforms including measures...

Canada Employment

GW

Gowling WLG

Un employeur de l'Alberta condamné à verser une indemnité de départ de 26 mois dans une affaire exceptionnelle de congédiement injustifié

Canada Employment

MT

Miller Thomson LLP

Employment Termination Clause Upheld: Ontario Court Of Appeal Favours Employer

Canada Employment

AG

Affleck Greene McMurtry LLP

Major Employee Attitude Not Enough For Just Cause

Canada Employment

BR

Bow River Law

A Deal Is A Deal: Ontario Court Enforces Settlement Agreement Despite Employee's Change Of Heart

Canada Employment

C

Cassels

Court Of Appeal Summaries (September 8 – 12, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Understanding Termination And Severance In Canadian Employment Law: What Employers And Employees Need To Know

Canada Employment

PL

Procido LLP

The Mutually Agreeable Departure

Canada Employment

CC

CLC (Canadian Litigation Counsel)

A First In Alberta: Employee Awarded 26 Months Of Reasonable Notice

Canada Employment

C

Cassels

Cinq Victoires Récentes Pour Les Employeurs : Le Vent Tournerait-il En Leur Faveur?

Canada Employment

BC

Blake, Cassels & Graydon LLP

Alberta Employer Ordered To Pay 26 Months' Termination Pay In Exceptional Wrongful Dismissal Case

Canada Employment

MT

Miller Thomson LLP

The Mutually Agreeable Departure

While there are several ways to go about concluding an employment relationship, one method that is often overlooked is an agreement to mutually conclude employment.

Canada Employment

CC

CLC (Canadian Litigation Counsel)

A First In Alberta: Employee Awarded 26 Months Of Reasonable Notice

In Lischuk v. K-Jay Electric Ltd, 2025 ABKB 460, the Alberta Court of King's Bench, for the first time, awarded damages to a wrongfully terminated employee equal to 26 months' compensation...

Canada Employment

C

Cassels

Cinq Victoires Récentes Pour Les Employeurs : Le Vent Tournerait-il En Leur Faveur?

Contrairement à la tendance axée sur les employés qui se dégage de la jurisprudence pour ce qui est de l'interprétation des contrats d'emploi et des ententes de rémunération, les tribunaux canadiens ont récemment rendu un certain nombre de décisions favorables aux employeurs.

Canada Employment

BC

Blake, Cassels & Graydon LLP

Alberta Employer Ordered To Pay 26 Months' Termination Pay In Exceptional Wrongful Dismissal Case

For the first time in Alberta, a court has awarded more than 24 months' reasonable notice in a wrongful dismissal case. In Lischuk v K-Jay Electric Ltd. ("Lischuk")...

Canada Employment

MT

Miller Thomson LLP

Case Law Review: Five Must-read Workplace Investigation Cases

Canada Employment

RT

Rubin Thomlinson LLP

How The Income Tax Act Treats Settlements And Damage Awards For Wrongful Dismissals

The general principle under the Income Tax Act (the "Tax Act") is that for an amount to be considered income, it must belong to a source in section 3.

RS

Rotfleisch & Samulovitch P.C.

Contractual Severance: Failure To Pay Means Employer Pays More

A recent Ontario court decision confirms the approach under Canadian law to cases where an employer fails to pay the contracted severance amounts: if the employer does not comply with the terms of the contract...

Canada Employment

GW

George Waggott Law

Know The Law: Termination With Cause

An employee has broken your trust in a way that can't be fixed. You care about the workplace environment in your practice and feel that you can't continue to work with this employee.

Canada Employment

MT

Miller Thomson LLP

Mental Health & Long-Term Disability: Can You Get Approved For Anxiety Or Depression?

Understanding the eligibility criteria and legal considerations for qualifying for long-term disability benefits in Canada with anxiety or depression

Canada Employment

U

Unified LLP

Can You Be Fired While On Sick Leave In Canada? Know Your Rights

Canada Employment

U

Unified LLP

Employee's Imminent Retirement Leads To Shortened Notice Period

Canada Employment

WH

Williams HR Law

Court Awards 26 Months Severance Pay In Alberta!

Canada Employment

BR

Bow River Law

Restructuring Layoffs In Ontario: Know Your Rights When Companies Downsize

Canada Employment

U

Unified LLP

Losing Your Job While On Long-Term Disability In Ontario? Here's What You Need To Know

Canada Employment

U

Unified LLP

The Ontario Court Of Appeal Rules In Favour Of Employer In Upholding Termination Clause

Canada Employment

AG

Affleck Greene McMurtry LLP

Intentional Recruitment Or Inducement? Recent Cases Say…

Canada Employment

F

Fasken

Ontario, Canada Court Confirms A Clearly Drafted Temporary Layoff Clause Can Protect Employers From Constructive Dismissal Claims

Canada Employment

L-

Littler - Canada

Layoff Provision Not A "Termination Provision": Ontario Court Provides Further Guidance On Interpretation Of Employment Agreements

Canada Employment

ML

McMillan LLP

Summary Judgment In Wrongful Dismissal Even When Just Cause Alleged

Canada Employment

BR

Bow River Law

How The Income Tax Act Treats Settlements And Damage Awards For Wrongful Dismissals

RS

Rotfleisch & Samulovitch P.C.

Using Post-dismissal Facts: Can Negative Online Comments About An Employer Justify An Employee's Dismissal?

Canada Employment

F

Fasken

Ontario Superior Court Revisits The Language "At Any Time" In The Without Cause Termination Provision In Baker v. Van Dolder's Home Team Inc.

Canada Employment

DS

Devry Smith Frank LLP

Licenciement collectif: des changements guettent-ils les employeurs de juridiction fédérale ?

Canada Employment

BB

BCF Business Law

Another Win For Employers: Enforceability Of Termination Provisions Does Not Impact Contractual Right To Layoff

Canada Employment

FW

Filion Wakely Thorup Angeletti LLP

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Highlighted Content

How The Income Tax Act Treats Settlements And Damage Awards For Wrongful Dismissals

RS

Rotfleisch & Samulovitch P.C.

I'm Listening: BC Appeal Court Confirms That Secretly Recording Colleagues Constitutes Just Cause

Canada Employment

SE

Stikeman Elliott LLP

"Fixing" The Term Of Employment: Fixed-Term Agreement Defends Against Wrongful Dismissal Claim

Canada Employment

SE

Stikeman Elliott LLP

CERB Appeal: Alberta Court Of Appeal Finds CERB Not Deductible From Wrongful Dismissal Damages

Canada Employment

SE

Stikeman Elliott LLP

Employers, CERB Your Enthusiasm: British Columbia Court Of Appeal Rules CERB Is Not Deductible From Wrongful Dismissal Damages

Canada Employment

SE

Stikeman Elliott LLP

Ontario Court Affirms That Workplace Sexual Harassment Is Not An Independent Tort

Canada Employment

SE

Stikeman Elliott LLP

An Oppressive Outcome: Alberta Court Finds Directors Responsible For Severance Obligations

Canada Employment

SE

Stikeman Elliott LLP

Supreme Court Of Canada Denies Leave To Appeal In Battiston: Notice Of Termination Provisions In Stock Award Agreement Upheld

Canada Employment

SE

Stikeman Elliott LLP

Constructive Dismissal Unmasked As Resignation: Alberta Court Finds Employee Resigned After Refusing To Comply With Mask Policy

Canada Employment

SE

Stikeman Elliott LLP

Gone In 60 Days (or More): Court Of Appeal Finds Termination Clause Did Not Limit Employee Termination Entitlements

Canada Employment

SE

Stikeman Elliott LLP

Latest Videos

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The New Normal The Legal Landscape For Wrongful Dismissal Cases In A Post COVID World (Video)

SL

Stringer LLP

Rightsizing As We Come Out Of Lockdown - What Employers Need To Know (Video)

GW

Gowling WLG

Ask Our Lawyers: Employment Law And COVID-19 (Video)

GW

Gowling WLG

Comment modifier les conditions d'emploi (Video)

SE

Stikeman Elliott LLP

Terminations Without Cause With Peter Straszynski - Torkin Manes Legalpoint Video (Video)

TM

Torkin Manes LLP

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