Do You Have To Take Any Job To Curb Your Losses From A Wrongful Dismissal? No Says Ontario’s Top Court

Ontario's top court has recently affirmed that an employee is not required to take a substantially inferior position in order to mitigate damages for wrongful dismissal. In this case the Plaintiff was a manager working for a particular McDonalds franchise for 13 years, she obtained a 7 year credit for service as a result of having worked a number of years previously for another McDonalds franchise. After several years of exceptional employment reviews, in 2011 after receiving her first negative performance review she was offered a demotion to assistant manager. Although the rate of pay was the same the demotion meant a...

04 June

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Supreme Court of Canada Weighs In On Proving A Mental Injury

Posted by Michael Kelly & Sabrina Singh

in Litigation Advice, Making a Difference, Personal Injury

Just this week the Supreme Court of Canada released a landmark decision on the issue of mental harm and mental injury caused by negligence. The Honourable Supreme Court Justice Brown, for a unanimous court, delivered the decision. The appeal arose from a motor vehicle accident claim in British Columbia. At trial the Plaintiff was awarded damages for mental injury based exclusively on the testimony of lay witnesses. In other words, no medical professional was called to support the Plaintiff’s claim for damages arising from mental injury. The British Columbia Court of Appeal reversed the ruling, holding that in order to recover damages...

19 May

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Chronic Stress From Workplace Bullying Now Recognised By The WSIB

Posted by Michael Kelly & Sabrina Singh

in Employment Law, Personal Injury, WSIB

1) Bullying Is No Joke - It Can Have Serious Detrimental Health Effects It has become clear from the flood of media reports in recent times that harassment and bullying is not just a grade school problem, but something that can infect workplaces everywhere. This kind of conduct can inflict serious mental stress and psychological problems upon victims of workplace abuse. 2) WSIB Could Not Be Claimed For Chronic Mental Stress Caused By Workplace Bullying - In Fact The WSIB Specifically Excluded It For years Ontario’s workplace compensation would not allow such individuals to make claims for compensation, even though it was a...

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Do You Have To Take Any Job To Curb Your Losses From A Wrongful Dismissal? No Says Ontario’s Top Court

Supreme Court of Canada Weighs In On Proving A Mental Injury

Chronic Stress From Workplace Bullying Now Recognised By The WSIB