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In a recent decision, Dussault and Pugliese v. Imperial Oil Limited, 2018 ONSC 1168, the court addressed the issue of the need for a plaintiff to mitigate their damages on termination and whether an offer by the successor company of the employer defendant of re-employment constituted reasonable mitigation. At the time of the termination, the […]

Electric vehicle (“EV”) charging stations are on the rise. Many strata owners are requesting the installation of charging stations. Recently, we have seen charging stations pop up around the city of Kelowna and throughout the Okanagan. those stations can be found here. An EV car can be charged by just using a regular 120 V […]

Case Details Late last year, the Ontario Superior Court of Justice in Hagholm v. Coreio Inc., 2017 ONSC 7713, made a decision that addressed the issue of an employer’s unilateral amendment of an existing employment contract and whether such amendments can result in the constructive dismissal of a long-term employee. The plaintiff, in this case, […]

On March 7, 2018, a decision was released by the Ontario Superior Court of Justice in which the court awarded a terminated employee damages equal to 18 months’ pay although the employee had only been employed for a little over 6 years. By all Canadian standards, this case demonstrates an extremely high notice requirement for […]

Here is What You Need to Know… Next week (April 8th to April 14th) is Make a Will Week  here in British Columbia. Make a Will Week is an initiative that is supported by the government of British Columbia, encouraging the public to either create a Will or to review and update an existing legal Will. […]

Are you considering purchasing a unit in a strata/condo building or complex?   When purchasing any form of property, the onus falls on the purchaser to investigate the state and quality of the property they intend to buy. When considering units in apartments, condo buildings, townhouses, and even duplexes, purchasers should ensure they have a […]

 Whether it is drunken misadventures going viral on the internet, or hostile and negative social media rants, the nagging question remains; can an employer terminate an employee for “just cause” for the employee’s off-duty conduct?   The short answer is, it depends.  It depends on: the type of conduct; the proximity of the conduct to […]

  The Court of Appeal of Alberta recently released its decision in Holm v. AGAT Laboratories Ltd., 2018 ABCA 23.   Holm v. AGAT is a case regarding constructive dismissal in which the court focused on termination clauses in the plaintiff’s employment agreement, which limited notice to the minimums required under Alberta’s Employment Standards Code. In […]

  A recent decision out of Kelowna, B.C., found a long-term West-Kelowna firefighter, Kerry Klonteig, to be wrongfully terminated after he was arrested for impaired driving in a Fire Department vehicle while off-duty. The plaintiff in Klonteig v. District of West Kelowna, 2018 BCSC 124, who had been a firefighter for the District of West […]

   In an undefended case out of Ontario, Horner v. 897469 Ontario Inc. o/a Superior Coatings, 2018 ONSC 121, a short term employee was awarded $10,000 for wrongful termination and an additional $30,000 in aggravated and punitive damages for the aggravation of her known depression and the callous manner of termination when the employer failed […]