Employee not entitled to wrongful dismissal damages for share bonus (dividend) during notice period, Court of Appeal affirms
Update: The Supreme Court of Canada dismissed Mr. Mikelsteins’ application for leave to appeal without reasons on January 20, 2022. The Ontario Court of Appeal affirmed last week its earlier decision in Mikelsteins v. Morrison Hershfield Ltd. that a terminated employee was not entitled to share bonuses during the notice period nor entitled to have his shares valued at the end of the notice period. As discussed in an earlier post, the Supreme Court of Canada remanded this case back to the Court of Appeal for disposition in accordance with its decision in Matthews v. Ocean Nutrition Canada Ltd.. For ... [more] Full article
Court of Appeal to revisit employee’s right to wrongful dismissal damages regarding shareholdings
Update: The Court of Appeal reconsidered its earlier decision in light of Matthews v. Ocean Nutrition Canada Ltd. but it did not change the outcome of the appeal. Read a ... [more] Full article
Actions speak louder than words: dependent contractors’ big win upheld
Two dependent contractors will receive $125,000 each after the Ontario Court of Appeal upheld an award of 26 months notice in the recent decision in Keenan v. Canac Kitchens Ltd., ... [more] Full article
Employee suspension ruled constructive dismissal: Supreme Court
Employers would be wise to consider the terms of an employee’s contract before administratively suspending him or her. The Supreme Court of Canada held that administrative suspensions must be both ... [more] Full article
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.
