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No Holds Barred When a “Wins at All Costs” divorce strategy Means Costs Awarded
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Good Faith

No Holds Barred When a “Wins at All Costs” divorce strategy Means Costs Awarded

By Employment Law, Good Faith

S. v. A. – https://www.canlii.org/en/on/onsc/doc/2022/2022onsc55/2022onsc55.html Divorce is an emotional time for all parties involved. Even in the most amicable cases, there will be tensions, a lot of which are created by the fear of what your ex might do now that you are no longer functioning as a unit.  Despite the best efforts of the parties, these emotions extend to any children involved. Worse, however, is when one side isn’t putting in any effort at all. Then, the emotional damage can be catastrophic.  Hurt feelings and anger towards your former spouse may tempt you to adopt a “win at all…

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Your employer owes you respect even at the time of termination

By Employment Law, Good Faith

Being fired from your job is unpleasant. Even worse if your employer fires you in a way that is humiliating, or cruel. However, if your employer kicks you on the way out, they can be punished for this later by the Courts.  One former employee in the recent case, Pohl v Hudson’s Bay Company, was awarded $45,000 in moral damages for his employers handling of his termination and $10,000 in punitive damages, on top of the 24 months’ notice period he was already entitled to. What are Moral and Punitive Damages? Every termination is understandably painful. However in rare circumstances,…

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Expectation of good faith for employers

By Employment Law, Good Faith

The duty of good faith imposed on employers is a well-established principle of Canadian employment law. Following the decision in Wallace v. United Grain Growers Ltd., bad faith conduct by an employer became yet another factor Courts will consider when determining the period of reasonable notice for an employee. Bad faith damages were typically referred to as Wallace damages and allowed Courts to extend the reasonable notice period where bad faith conduct by an employer was found. The Supreme Court of Canada changed the calculation for bad faith conduct in their decision in Honda Canada Inc. v. Keays. Now, damages…

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