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.

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.

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

A recent decision from the Ontario Superior Court of Justice has provided helpful guidance to employers on what parts of an employment contract will be considered a "termination provision" as part of a court's assessment of their enforceability.

Canada Employment

ML

McMillan LLP

Summary Judgment In Wrongful Dismissal Even When Just Cause Alleged

Rodrigues v Fort McKay Strategic Services LP, 2025 ABKB 414 follows a trend of decisions in Alberta that demonstrate the ABKB's willingness to determine disputes outside of simple notice period analysis using summary judgment.

Canada Employment

BR

Bow River Law

Inducement And Invalid Termination Provision Prove Costly For Employer

Inducing an employee to leave secure employment can be costly for an employer when it comes to a termination of employment without cause. Inducement is an argument that is often advanced by employees, but not always successfully.

Canada Employment

WL

WeirFoulds LLP

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

Ontario Court Of Appeal Clarifies Enforceability Of Termination Clauses In Employment Contracts

Canada Employment

MR

McLennan Ross LLP

Safety First: Refusal To Comply With Safety Program Warrants Dismissal

Canada Employment

FW

Filion Wakely Thorup Angeletti LLP

Just Cause And Dishonesty: When Progressive Discipline Isn't Enough

Canada Employment

AB

Aird & Berlis LLP

Hiring A Contractor vs. An Employee: A Comprehensive Guide For Ontario Businesses

Canada Employment

Pacific Legal PC

Ontario Court Finds Independent Job Search Through Personal Network Does Not Amount To Inducement In Wrongful Dismissal Case

Canada Employment

FW

Filion Wakely Thorup Angeletti LLP

BC Supreme Court Decision Offers Cautions About After-acquired Cause And Termination Clauses For Commission-compensated Employees.

Canada Employment

MT

McCarthy Tétrault LLP

Wagg Motions: Reforms Needed To Stop Delays And Unnecessary Costs When Accessing Criminal Records For Civil Sexual Assault Proceedings

Canada Litigation

LL

Lerners LLP

Remedies For Reprisal: Reinstatement And The Duty To Mitigate Under The Employment Standards Act, 2000

Canada Employment

LL

Lerners LLP

The Very Large And Vexing Lawsuit Re: Cannabinoid Hyperemesis Syndrome

Canada Cannabis

HS

Harris Sliwoski

Implications Of The GENIUS Act On Stablecoins In Canada

Canada Technology

MT

Miller Thomson LLP

Private Equity And Venture Capital Investors Showing Renewed Interest In The Defence Industry

Canada Commercial

BJ

Bennett Jones LLP

Ontario Court Rules That A Temporary Lay-Off Provision Is Not A "Termination" Provision

Recently, the Ontario Superior Court delivered a rare win for the employer in Taylor v. Salytics Inc., 2025 ONSC 3461.

Canada Employment

BL

Borden Ladner Gervais LLP

Termination Clause Upheld

The Ontario Court of Appeal recently upheld a termination clause that provided for the minimum standards set out in the Employment Standards Act...

Canada Employment

FR

Fogler, Rubinoff LLP

IFW May 2025 Newsletter – Recent Employer Wins: Ontario Court Of Appeal Upholds Enforceable Termination Clause, And Errors Made At Termination Did Not Constitute Bad Faith

In the recent case of Bertsch v. Datastealth Inc., 2025 ONCA 379 ["Bertsch"], the Ontario Court of Appeal (the "ONCA") upheld the lower court's decision that held a termination clause...

Canada Employment

IF

Israel Foulon Wong

Congédiement d'un employé d'hôpital pour inconduite : un conseil d'arbitrage en décide autrement

Dans une décision récente, un conseil d'arbitrage de l'Alberta a ordonné qu'un employé syndiqué travaillant dans un hôpital reprenne son poste et reçoive un salaire rétroactif.

Canada Employment

FF

Fasken (French)

The U.S. Tariff Effect: Renegotiating Terms Of Employment – Avoiding Constructive Dismissal Risks

Canada Employment

BL

Borden Ladner Gervais LLP

Ontario Court Of Appeal Reaffirms Waksdale: Dufault v The Corporation Of The Township Of Ignace

Canada Employment

MB

McCague Borlack LLP

Fired Or Retired? Mitigation, Mathematical Mistakes, And Miscommunication In Wrongful Dismissals

Canada Employment

TS

Tierney Stauffer LLP

What To Do When You Receive A Demand Letter From A Terminated Employee's Lawyer:

Canada Employment

TM

Taylor McCaffrey

Ontario Court Of Appeal Confirms The Importance Of An Enforceable Termination Clause

Canada Employment

ML

McMillan LLP

Share Buy Back Clause Limits Employer Liability During Reasonable Notice Period

Canada Employment

C

Cassels

Game-Changer For Employers: Ontario Court Of Appeal Backs ESA-Only Termination Clause

Canada Employment

WL

WeirFoulds LLP

WE'VE BEEN WAITING FOR THIS DAY! Termination Clause Upheld By The Ontario Court Of Appeal!

Canada Employment

C

CCPartners

Ontario Court Of Appeal Upholds Enforceability Of ESA-Only Termination Provision And Clarifies Proper Interpretation Of "Clear And Unambiguous"

Canada Employment

GW

Gowling WLG

Workplace Investigations: Perfection Is Not The Standard

Canada Employment

BJ

Bennett Jones LLP

Game-Changer For Employers: Ontario Court Of Appeal Backs ESA-Only Termination Clause

In a favourable decision for employers, Bertsch v Datastealth Inc., 2025 ONCA 379, the Court of Appeal for Ontario upheld the decision of the Ontario Superior Court of Justice that a termination...

Canada Employment

WL

WeirFoulds LLP

WE'VE BEEN WAITING FOR THIS DAY! Termination Clause Upheld By The Ontario Court Of Appeal!

In the recent decision of Bertsch v Datastealth Inc, the Ontario Court of Appeal ("the Court") upheld a motion judge's ruling that the termination provision in an employment agreement...

Canada Employment

C

CCPartners

Ontario Court Of Appeal Upholds Enforceability Of ESA-Only Termination Provision And Clarifies Proper Interpretation Of "Clear And Unambiguous"

A recent decision from the Ontario Court of Appeal, Bertsch v Datastealth Inc, provides important guidance on the enforceability of termination clauses in employment agreements...

Canada Employment

GW

Gowling WLG

Workplace Investigations: Perfection Is Not The Standard

A recent decision of Ontario's Superior Court of Justice provides helpful guidance to Ontario employers on the standard of workplace investigation in the context of a termination for cause

Canada Employment

BJ

Bennett Jones LLP

COVID-19 Cases: The Consequences Of Improperly Applying Company Policies

Canada Employment

FW

Filion Wakely Thorup Angeletti LLP

Does An Employee Have To Stay? Constructive Dismissal And The Duty To Mitigate

When an employee asserts that they have been constructively dismissed, it is not always clear what the next steps should be for either the employee or the employer.

Canada Employment

PM

Parlee McLaws

BC Supreme Court Comments On After-Acquired Cause

In Canada, when an employer terminates an employee without cause, the employee will presumptively be entitled to notice or payment in lieu of notice – which we commonly refer to as severance.

Canada Employment

BC

Boughton Law Corporation

Don't Forget The Stocks! Wrongful Dismissal Settlements And Employee Entitlements

Settlements provide certainty and finality in place of protracted litigation. Positional demands are made, and concessions are offered up, to bring legal disputes to a firm end.

Canada Employment

TM

Turnpenny Milne

Termination Provisions And The Perils Of Imprecise Drafting: Key Lessons From De Castro v Arista Homes Limited

The Ontario Court of Appeal's recent decision in De Castro v Arista Homes Limited, 2025 ONCA 260 (De Castro) provides Ontario employers with yet another reminder...

Canada Employment

BJ

Bennett Jones LLP

Procedural Fairness In Volunteer Dismissals: Lessons From Hannan v. Scouts Canada

Canada Employment

C

CCPartners

Canada Work-Sharing Program And Temporary Layoffs Under The BC Employment Standards Act

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Return-To-Office Mandate Triggers Constructive Dismissal (… This Time)

Canada Employment

ML

McMillan LLP

Be Prepared; Don't Needlessly Invite Litigation By Your Volunteers

Canada Employment

TM

Taylor McCaffrey

Accommodation Is A Two-way Street: Lessons For Employers From Aguele v. Family Options Inc.

Canada Employment

GW

Gowling WLG

Voici Les Principales Questions Que Se Posent Les Employeurs En Matière De Droit Du Travail Pendant La Guerre Tarifaire — Et Ce Que Vous Devez Savoir Aujourd'hui

Canada Employment

MT

Miller Thomson LLP

Renegotiating Terms Of Employment In Light Of The U.S. Tariff Effect: Avoiding Constructive Dismissal Risks

Canada Employment

BL

Borden Ladner Gervais LLP

Interprétation Des Dispositions Relatives Au Licenciement : Approches Distinctes Des Tribunaux De La Colombie-Britannique Et De L'Ontario

Canada Employment

BC

Blake, Cassels & Graydon LLP

Time To Review Your Employment Agreements: Key Considerations For Employers In The Wake Of New Tariffs

Canada Employment

MA

MLT Aikins LLP

Accidental Employer: Potential Expansion Of The Common Employer Doctrine To Unrelated Entities

Canada Employment

SU

Singleton Urquhart Reynolds Vogel LLP

Termination For Failure To Follow COVID-19 Policy Not Discriminatory

Canada Coronavirus

C

Cassels

Please Take A Number: Alberta Human Rights Complaints At A 10 Year High, Other Trends And Tactical Offers

Canada Government

BJ

Bennett Jones LLP

Can The Canada Industrial Relations Board Consider An Unjust Dismissal Complaint That Raises Allegations Of Human Rights?

Canada Employment

F

Fasken

Employee Barred From Construction Site Deemed Constructively Dismissed

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

From Any Time To Most Of The Time – A Paradigm Shift In Termination Clauses

Canada Employment

SU

Singleton Urquhart Reynolds Vogel 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

See more

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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