Filice v. Complex Services Inc.

Filice v. Complex Services Inc.

The Court of Appeal held that the employer's suspension of the employee without pay on December 19, 2007 was an unreasonable exercise of contractual discretion and constituted a constructive dismissal, but the trial judge erred in assessing damages by treating the entire suspension period as the notice period and in...

Source-derived case information.

Citation
2018 ONCA 625
Parties
Plaintiff/respondent: Antonio Filice; Defendant/appellant: Complex Services Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
10 July 2018
Procedural Posture
Civil / Appeal From Trial Judgment (court of Appeal)
Outcome
Appeal allowed in part; trial judgment set aside and replaced with judgment for compensatory damages equal to seven months' lost wages; punitive damages and prior damages awards set aside in part.
Legal Topics
Constructive Dismissal, Suspension Without Pay, Punitive Damages, Damages Assessment, Notice Period, Regulatory Licensing (gaming Registration), Standard of Review, Limitations/condonation
Source Language
english
Employment Law Administrative Law Tort Law Civil Procedure Constructive Dismissal Suspension Without Pay Punitive Damages Damages Assessment +4 more

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Parties

Antonio Filice

Plaintiff/respondent

Complex Services Inc.

Defendant/appellant

Procedural Posture

Civil / Appeal From Trial Judgment (court of Appeal)

Legal Issues

  1. 1 Whether the employer's suspension without pay constituted a breach of the employment contract amounting to constructive dismissal
  2. 2 Whether the suspension without pay was justified under the employer's contractual discretion and relevant regulatory context
  3. 3 Appropriate measure of damages and reasonable notice period

Ratio Decidendi

The Court of Appeal held that the employer's suspension of the employee without pay on December 19, 2007 was an unreasonable exercise of contractual discretion and constituted a constructive dismissal, but the trial judge erred in assessing damages by treating the entire suspension period as the notice period and in awarding punitive damages; the appropriate reasonable notice was seven months and the punitive damages award was set aside.

Court Disposition

Appeal allowed in part; trial judgment set aside and replaced with judgment for compensatory damages equal to seven months' lost wages; punitive damages and prior damages awards set aside in part.

Orders

  • Set aside trial judgment awards for punitive damages and original compensatory calculation
  • Enter judgment for respondent for seven months' lost wages (parties to agree on amount)