Canada Case Law

Bristol v. Ferguson

Court

Nova Scotia Small Claims Court

The claimant was wrongfully dismissed because her conduct did not amount to the level of serious misconduct required for summary dismissal, much of the conduct occurred outside the workplace, and the employer failed to give warnings; therefore the claimant is entitled to reasonable notice of four months' pay plus costs.

Source excerpt

• Wrongful dismissal
• Summary dismissal
• Notice period
• Damages

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Gilmour v. Mossop

Court

Supreme Court of Canada

Appeal in a negligence action by a housekeeper injured when she tripped over the employer’s dog on a basement stairway; the Supreme Court allowed the appeal and dismissed the claim.

• Negligence
• Duty of care
• Volenti non fit injuria
• Contributory negligence
• Reasonable safety of premises
• Duty-of-care

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