Statutory Requirement
Home › Contracts ›Stock Options: Need for Statutory Compliance Stock Options: Need for Statutory Compliance The recent Ontario decision of Wigdor v Facebook has raised the issue of the ESA…
This section covers Unjust Dismissal under the Canada Labour Code, including commentary on case law, statutory interpretation, and remedies available to federally regulated employees. Explore the posts below for in-depth analysis and case summaries.
Standard of Correctness
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standard of Correctness Unjust Dismissal: Judicial Review: Standard of Correctness The standard of correctness, however, provides that there is only…
Anecdotal Review of Unreasonable Findings
Home › Index of Contents › Unjust Dismissal: Judicial Review: Unreasonable Findings: Anecdotal Review Unjust Dismissal: Judicial Review: Unreasonable Findings: Anecdotal Review The principled analysis of deference given to the…
Deference
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standards: Deference Unjust Dismissal: Judicial Review: Standards: Deference The review of the adjudicative award is based on the standard of…
Standards of Judicial Review
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standards Unjust Dismissal: Judicial Review: Standards Broadly speaking, remedial orders made in labour cases are allowed a “wide margin of…
Aggravated & Punitive Damages
Home › Index of Contents › Unjust Dismissal: Remedy: Aggravated & Punitive Damages Unjust Dismissal: Remedy: Aggravated & Punitive Damages There is no dispute that the adjudicator appointed to hold…
Remedy in Lieu of Reinstatement
Home › Index of Contents › Unjust Dismissal: Remedy: Damages in Lieu of Reinstatement Unjust Dismissal: Remedy: Damages in Lieu of Reinstatement Future Loss The question arises as to what…
Legal Costs in Unjust Dismissal
Home › Index of Contents › Unjust Dismissal: Remedy: Legal Costs Unjust Dismissal: Remedy: Legal Costs The Federal Court of Appeal considered a judicial review application in which the employee…
Remedy – Lost Income
Home › Index of Contents › Unjust Dismissal: Remedy: Lost Income Unjust Dismissal: Remedy: Lost Income The principle of assessing such a loss is not based on wrongful dismissal concepts.…
Reinstatement – Anecdotal
Home › Index of Contents › Unjust Dismissal: Remedy: Reinstatement: Anecdotal Review Unjust Dismissal: Remedy: Reinstatement: Anecdotal Review The principled review is discussed above. Review Both Sides The issue of…