Consider a scenario where a former employee who has 15 years of service with the companyinitiates a wrongful dismissal lawsuit against you, the employer. Initially, you perceive it to be insubstantial, as you are aware that the employment contract you provided the employee contains a termination clause which explicitly states that they are entitled only […]

“Changed Substratum” – A Game Changer for Employees with Old and Outdated Employment Contracts Valid employment agreements can become invalid over time.  One of the reasons an existing and otherwise valid employment agreement can become invalid over time is due to “changed substratum”. The “changed substratum” doctrine provides that where the foundation of a written […]

THE DISPUTE The parties in this dispute (Besse v. Reach CPA Inc, 2023 BCCRT 27 (CanLII), Karlee Besse and Reach CPA Inc. (Reach), disputed the terms of Miss Besse’s dismissal from Reach. Karlee Besse was hired as an accountant by Reach on October 12, 2021. However, her employment was terminated on March 29, 2022, for […]

As a lawyer, whenever I speak to business owners who have found themselves on the receiving end of a wrongful termination claim by a former employee, I tend to ask “why”. Why didn’t  they have an employment contract in place? Why didn’t they have their existing contract reviewed by a lawyer? Here are just some […]

The Ontario Court of Appeal recently had an opportunity to re-visit the distinction between “wilful misconduct” and “just cause” in the case of Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310. The Court’s final determination and their analysis may surprise you. Background on Termination: ESA vs Common Law  In Ontario, the Employment Standards Act, 2000 (“ESA”) […]