Applications remain an appropriate vehicle, if not the preferred approach, for the resolution of wrongful dismissal cases. In an endorsement released May 12, 2026, the Honourable Justice Marc Garson of the ONSC refused a request to convert a wrongful dismissal application into an action.
In providing reasons for decision, Justice Garson observed, "Proceeding by application best reflects the principle of proportionality in light of the issues raised. It is also the most efficient, cost-effective and timely means of achieving a just result." Adding, "While many wrongful dismissal claims involving employment contracts proceed by way of an action, there is no requirement that this case do so."
Commentary
As some may know, I have long had a penchant for proceeding via Application in wrongful dismissal cases. Farah v. EODC Inc., 2017 ONSC 3948, referenced by Justice Garson in his reasons for decision, was I case I brought.
In 2023, I gave a presentation to the Thunder Bay Law Association titled, I Swear This Works: Expedient Advocacy in Employment Law Cases, in which I sang the virtues of Applications.
I maintain the position that most wrongful dismissal cases are appropriate for resolution via Application.
About Sean Bawden
Sean Bawden is Experience. At Work.
I am an experienced employment lawyer and wrongful dismissal lawyer practicing across Ontario and beyond with Kelly Santini LLP, which is based in Ottawa.
For two and a half years, I was in-house legal counsel providing employment law advice to one of Canada’s largest corporations and appeared in labour courts and tribunals literally the world over.
I have also been a part-time professor at Algonquin College and have taught Employment Law, Trial Advocacy for Paralegals, and Small Claims Court Practice. I am a past president (2024-2025) of the County of Carleton Law Association (“CCLA”), and have sat as a safe sport adjudicator.
I can be reached by email at sbawden@kellysantini.com or by phone at 613.238.6321 x233.
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As always, everyone’s situation is different. The above is not intended to be legal advice for any particular situation. It is always prudent to seek professional legal advice before making any decisions with respect to your own case.
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