Jonathan’s Jots

The legal profession, and thus our clients, will benefit from a well written and well researched recent Superior Court decision out of British Columbia about Covid lay offs and constructive dismissal. The case is called Verigan v Ensemble Travel Ltd. The case is a great “one stop shopping” place for

The see- saw continues on the issue of whether a lay-off during Covid constitutes a constructive dismissal. The first Ontario Superior Court trial level decision came out a few months ago and said that the recent amendments to the Employment Standards Act by the Ford government regarding lay-offs did not

Many cases involving construction disputes end up in the Small Claims Court. The appeals from that court go to the Divisional Court, which is one or more Superior Court trial judges, sitting as an appeal court on questions of law. In the case of Edges Contracting v Ghotbi, the contract

Although lay-offs are permitted and regulated under the Employment Standards Act of Ontario, they have been historically considered a constructive dismissal at common law. One of my cases from 1996, McHugh v Fitness Canada Health Spa helped establish that line of cases. The theory underneath was that the Employment Standards

A very recent Ontario case considered the effect of the changes to the Employment Standards Act brought about by Covid. The court ruled that these changes meant that a business would not be in trouble with the Ministry for commencing a Covid lay off, but that the changes to the

One thing I love about being a litigation lawyer, even a somewhat old and specialized one like me, is that there is always something new in the case law that can greatly impact Superior Court wrongful or constructive dismissal litigation. In Superior Court litigation, each party has to produce a