No Summary Judgment Where Mitigation an Issue

In a somewhat surprising decision, (given the propensity with which summary judgment is being sought and granted in Ontario as of late, especially in wrongful dismissal actions,) the Honourable Justice David A. Broad declined a plaintiff’s motion for summary judgment on the basis that the plaintiff had failed to provide sufficient evidence of her mitigation efforts, and therefore, on the analysis set out by the Court of Appeal for Ontario in Combined Air Mechanical Services Inc. v Flesch, 2011 ONCA 764 the Court simply did not have a “full appreciation” upon which it could take a decision.

E-mail Entitles Employee

A lesson to Human Resources personnel: beware what you e-mail.  In a decision released May 18, 2012, Bennett v. Sears Canada Inc., 2012 ONCA 344, the Court of Appeal for Ontario affirmed a decision in which a long-service employee was awarded full post-retirement health and welfare benefits, notwithstanding the fact that she did not meet the strict wording of the employment policy.

Dismissed Employees Still Entitled to Bonus

Is an employee dismissed just before the employer declares a “discretionary bonus” still entitled to that bonus?  “Yes” says a recent decision from the Quebec Superior Court.

Getting Time to Think

A common question asked by people in high-stress situations is “Can I have a moment to think?”  A recent decision from the Ontario Superior Court would appear to affirm that one can.

In the case of Rubin v. Home Depot Canada Inc., 2012 ONSC 3053 the Honourable Justice Thomas R. Lederer held that notwithstanding that an employee had signed a “release” in favour his employer with respect to his entitlements on dismissal, given the way in which the release was put to the employee and signed, the release would not bind the employee.

Catching a Break

Is an employer required to pay its employees while they are “on break?”  'Not always,' says a recent decision from the Ontario Labour Relations Board.

Park Your Case Elsewhere

Is an employee who falls in the parking lot of the mall in which she works entitled to Workplace Safety and Insurance Board (WSIB) benefits?  “No” says the Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT).

No Changes Without Consideration

Can an employer simply change the terms of an employee's working conditions or contract whenever and however it chooses?

In a decision from the Ontario Superior Court of Justice, the Honourable Justice Mary Sanderson confirmed that Ontario courts will not enforce changes to an employee’s employment contract unless employers provide the employee with either: (a) notice of the changes; or (b) "consideration".