Canada: Unfair/ Wrongful Dismissal

In its decision in Kadler v. West Fraser Mills Ltd., 2026 ABCJ 28, the Alberta Court of Justice discussed the reciprocal obligations held by workplace parties when an employee is absent from work.

The Ontario Superior Court's decision in Pascuet v. Sky Service reaffirms that employees cannot delay wrongful dismissal claims by pursuing actions in incorrect jurisdictions or misunderstanding legal responsibility. This ruling clarifies that the two-year limitation period begins at termination, regardless of whether an employee initially files in the wrong court or fails to appreciate the legal significance of their dismissal.

The Ontario Labour Relations Board awarded over $195,000 to a former employee after finding her termination violated workplace safety legislation by constituting reprisal for filing a harassment complaint. The decision examines how employers can face substantial financial liability when adverse employment actions are connected to employees exercising statutory workplace rights, including compensation for lost wages, mental distress, and injury to dignity.

The Ontario Court of Appeal has established new clarity on employer obligations in wrongful dismissal cases, addressing both the burden of proof for mitigation efforts and the treatment of income earned during notice periods. This ruling in Williamson v Brandt Tractor Inc. resolves critical questions about when employers must demonstrate available comparable employment and how courts should handle mitigation income from lower-paying positions.

In Williamson v. Brandt Tractor Inc., 2026 ONCA 272, the Ontario Court of Appeal (“ONCA”) partly allowed an employer’s appeal, reducing the damages awarded to a wrongfully dismissed employee upon determining...

The Alberta Court of King’s Bench recently released its decision in Tudor v Accurate Screen Ltd., 2026 ABKB 237 (Tudor v Accurate). In the decision, Justice Yamauchi dismissed...

BC-based employers might hire employees who reside outside British Columbia. In those circumstances, the employers should take care to consider whether they are bound by the BC Human Rights Code (the “Code”)...

Ontario employers continue to navigate sweeping reforms under the various Working for Workers acts, including preparing for the new pay transparency rules coming into force on January 1, 2026.

Following the Lischuk v K-Jay Electric Ltd. wrongful dismissal case decision, Senior Partner, Philip Prowse sat down to reflect on the broader significance of the case.