Canada Case Law

Northern Health Authority v. du Plessis

Court

British Columbia Court of Appeal

The Court dismissed both the appeal and cross‑appeal because the central questions identified by the parties were predominantly mixed questions of fact and law arising from the arbitrator's factual findings and application of legal tests; the arbitrator reasonably concluded the PHO Order did not apply to the respondent given his unique factual arrangement and did not err in law in his interpretation; the cross‑appellant failed to identify an extricable question of law arising from the remedy award.

Source excerpt

• Frustration of contract
• Statutory interpretation
• Termination without cause
• Reasonable notice
• Repudiation
• Damages

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Mann v. Paras Fashions Ltd.

Court

Supreme Court of British Columbia

No implied reciprocal right for the landlord to terminate without cause was found because such a term was not necessary to give business efficacy to the written lease nor sufficiently obvious; the written lease evidenced an intention to provide the tenant a unilateral termination right and implying a landlord right would conflict with the parties' agreed medium‑term security; contra proferentem did not apply as there was no ambiguity and the landlord had opportunity to negotiate; accordingly the landlord's petition was dismissed and the tenant's petition, seeking declarations of validity and…

Source excerpt

• Implied terms
• Termination without cause
• Contra proferentem
• Lease renewal
• Commercial tenancy

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De Castro v. Arista Homes Limited

Court

Court of Appeal for Ontario

The clause was interpreted as disjunctive and broader than the ESA because it permitted termination for breaches (including 'breach of Employment Agreement') without requiring wilfulness or seriousness and used 'shall include', rendering the definition non‑exhaustive; that breadth conflicted with the ESA and made the termination provisions unenforceable, entitling the employee to common law reasonable notice. The motion judge's interpretation and award were upheld.

Source excerpt

• Termination without cause
• Reasonable notice
• Employment standards act compliance
• Definition of cause in employment contract
• Remedial interpretation

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DM v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Tribunal found the employer's evidence credible that the appellant was dismissed because his driver's licence was suspended due to driving over the legal blood alcohol limit; because holding a valid licence was a job requirement, the suspension caused by the appellant's wilful/reckless conduct constituted misconduct under s.30 of the Employment Insurance Act, disqualifying him from EI benefits.

Source excerpt

• Misconduct
• Disqualification from benefits
• Driver's licence suspension
• Employer accommodation
• Termination without cause

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Monterosso v. Metro Freightliner Hamilton Inc.

Court

Court of Appeal for Ontario

The Court upheld the trial judge's finding that the written contract unambiguously created a 72-month fixed term and that the contested email was ambiguous and could not displace the contract or justify rectification; however, the Court clarified that independent contractors generally owe a duty to mitigate after breach, but because the appellants failed to prove the respondent did not mitigate, the trial outcome (award of $552,500 plus HST) and dismissal of the appeal were affirmed and costs of $17,500 awarded to the respondent.

Source excerpt

• Fixed-term contract
• Termination without cause
• Mitigation of damages
• Entire agreement clause
• Rectification
• Adverse inference

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Maynard v. Johnson Controls Canada LP

Court

Court of Appeal for Ontario

Because Maynard was not aware of and did not agree to the RSU forfeiture provision, Johnson Controls breached para.16 by excluding RSUs from the severance calculation; the motion judge correctly interpreted para.16 to include the RSU/bonus elements and awarded the full amount, and the Court of Appeal dismissed the appeal and affirmed that award.

Source excerpt

• Termination without cause
• Severance
• Restricted stock units (rsus)
• Forfeiture clause
• Release agreement
• Summary judgment

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McDougall v. Knutsen

Court

Supreme Court of British Columbia

The court dismissed oppression claims arising from a failed corporate reorganization, but awarded $98,075 for termination without cause and without notice.

• Oppression remedy
• Shareholders' agreement
• Corporate reorganization
• Termination without cause
• Damages for wrongful dismissal
• Oppression-remedy

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Cadrin v. Dunsmuir Holdings (New Westminster) Ltd.

Court

Supreme Court of British Columbia

Wrongful dismissal action by a long-serving liquor store manager. The court set reasonable notice at 20 months, reduced it for mitigation and contingency, and dismissed aggravated and punitive damages.

• Reasonable notice
• Mitigation
• Aggravated damages
• Punitive damages
• Termination without cause
• Contingency reduction

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RJ v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The claimant willfully and knowingly refused to comply with a clearly communicated employer COVID-19 vaccination policy and knew dismissal was the consequence; that conduct constitutes wilful misconduct under the Employment Insurance Act and disqualifies him from EI benefits.

Source excerpt

• Misconduct disqualification
• Vaccination policy
• Termination without cause
• Accommodation
• Ei benefits

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JM Bay Properties Inc. v. Tung Cheng Yuen Buddhist Association

Court

Supreme Court of British Columbia

The court refused to imply a reasonable-notice termination term into a construction management agreement that already expressly addressed termination without cause.

• Implied terms
• Termination without cause
• Anticipated loss of profit
• Reasonable notice
• Business efficacy
• Construction management contracts

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