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Blog designed to provide you with clear analyses, practical advice, and insightful reflections on legal issues affecting businesses, individuals, and professionals.
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Dismissal Without Cause: When Shifting Explanations Weaken the Employer’s Position
In the case of David Strauss v. Calko (Canada) Inc., the Superior Court ruled on an application for damages for wrongful dismissal brought by a chief operating officer. The issue before the Court was whether, in light of the facts, the employee’s dismissal had been made for serious reasons or, alternatively, whether the employer had offered […]
When Dismissal Becomes Abusive: The Superior Court’s Decision in Insogna
In Insogna c. American Orthodontics Corporation, the Superior Court considered the termination of a territory manager whose employment was abruptly ended after 20 years with the company. The Court awarded compensation in lieu of reasonable notice as well as moral damages arising from the employer’s abusive conduct following the dismissal. It declined, however, to award […]