Supreme Court of Canada Will Not Hear Appeal of Important Wrongful Dismissal Case

Canada's highest court won’t hear a further appeal of the Ontario Court of Appeal’s June 6, 2020 Waksdale decision which profoundly impacted the landscape of employment law for both employees and employers. Waksdale's impact will now continue for the foreseeable future.

UncategorizedBen HahnJanuary 14, 2021Benjamin J. Hahn, Ontario Employment and Civil Litigation LawyerEmployment, Law, Ontario, Wrongful Dismissal, Severance Pay, Severance Package, Severance, Termination Pay, Terminated

Wrongful Dismissal Pay is Reduced by All New Income, Even From a Low-Pay Job Taken in Desperation

Many lawyers and judges appear to have misread the Court of Appeal's 2017 decision in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII), citing the case for a legal proposition which it never actually establishes.

UncategorizedBen HahnOctober 19, 2019Benjamin J. Hahn, Ontario Employment and Civil Litigation LawyerEmployment, Law, Ontario, Mitigation, Wrongful Dismissal, Termination Pay, Severance Pay, Common Law

Terminated Employees Are Entitled to Pro-Rated Bonuses for Their Entire Notice Period

Terminated employees are entitled to receive a pro-rated bonus payment even when the bonus payout day falls outside their notice period. Only clear and unambiguous contractual language can alter or remove this common law right.