Case Summary This case study examines the wrongful dismissal claim of Ms. Duong Yee against her employer, WestJet, an Alberta Partnership. Ms. Yee, an Accountant II, was terminated for cause on December 1, 2021, after 11 years of service, due to her failure to comply...
Key Ruling on Enforceability of Termination Clauses Case Overview Plaintiff (Appellant): Gavin Bertsch (Vice-President, 8.5 months of service, $300K annual salary) Defendant (Respondent): Datastealth Inc. Key Issue: Whether the termination clause in Bertsch’s...
The Ontario Court of Appeal’s decision in De Castro v. Arista Homes Limited, 2025 ONCA 260 reinforces the principle that employment termination clauses must strictly comply with the Employment Standards Act, 2000 (ESA). The court upheld the motion judge’s ruling that...
Case Study: The Cost of Changing Long-Standing Work Arrangements Without Proper Notice Overview In Nickles v. 628810 Alberta Ltd., the Alberta Court found that an employer constructively dismissed a long-time remote employee by unilaterally requiring her to begin...
Case Overview: Peter Zanette, a longtime volunteer at the Ottawa Chamber Music Society (OCMS), filed a complaint alleging discrimination based on sexual orientation, gender identity, and gender expression under the Ontario Human Rights Code. On August 1, 2019, while...
