Ontario Court of Appeal Denies Employee’s Claim for Vested Stock Units
In its recent decision in Preston v. Cervus Equipment Corporation, the Ontario Court of Appeal overturned the motion judge’s decision and found the wrongful dismissal settlement precluded the employee’s entitlement to vested stock units, despite these units automatically vesting upon termination under the company’s deferred share plan for employees. The plaintiff, Mr. Preston, had been an employee with Cervus Equipment Corporation from 2014-2018. During his employment, he participated in Cervus’ Deferred Share Plan, which enabled him to apply $20,000 of his annual bonus towards the purchase of stock units that would immediately vest. The plan provided that upon termination, vested ... [more] Full article
Ontario Court of Appeal Affirms Employer’s Duty to Provide Honest Reasons for Dismissal
In Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal upheld a Superior Court of Justice decision confirming that the duty of honest performance applies ... [more] Full article
Ontario Court of Appeal Confirms that Refusal to Comply with Vaccination Policy Amounts to Frustration of Contract
In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Ontario Court of Appeal upheld a Superior Court decision that the appellant’s employment contract had been frustrated due to his ... [more] Full article
B.C. Court of Appeal confirms that secretly recording conversations with Co-workers can be just cause for dismissal
In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (CanLII), the British Columbia Court of Appeal affirmed the lower court’s decision that the employee’s surreptitious recordings of his colleagues constituted ... [more] Full article
- The Ontario Court of Appeal Confirms: Independent Contractors Have a Duty to Mitigate
- Slapping a woman’s buttocks at work is just cause for termination, but not wilful misconduct?
- Court Finds Employee’s Reaction to Missed Promotion was Cause for Dismissal
- Sexual harassment and failure to accept employer’s disciplinary measures is cause for termination
Employment Litigation Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Meredith Hayward
Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
Ardita Sinojmeri
Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
