The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Sexual harassment and failure to accept employer’s disciplinary measures is cause for termination

Masiel A. Matus

An employer has just cause to terminate an employee for inappropriate, sexually harassing comments and refusing to apologize, the Ontario Court of Appeal recently held. Employers should be particularly interested in this decision given the weight placed on the Workplace Harassment Policy. Facts In Hucsko v. A.O. Smith Enterprises Limited, John Hucsko, an employee with 20 years of service, was terminated by his employer arising from a complaint made by his female co-worker. The employer investigated four incidents and determined there was a pattern of comments made by Hucsko of a sexual nature directed at the complainant. Hucsko knew or ... [more] Full article

Ontario government introduces bill to prohibit non-compete agreements for employees

An omnibus bill introduced today by the Ontario government called the Working for Workers Act includes provisions prohibiting non-compete clauses for employees. Such clauses prevent employees who leave their employment from ... [more] Full article

Employee not entitled to wrongful dismissal damages for share bonus (dividend) during notice period, Court of Appeal affirms

The Ontario Court of Appeal affirmed last week its earlier decision in Mikelsteins v. Morrison Hershfield Ltd. that a terminated employee was not entitled to share bonuses during the notice ... [more] Full article

Court of Appeal to revisit employee’s right to wrongful dismissal damages regarding shareholdings

Update: The Court of Appeal reconsidered its earlier decision in light of Matthews v. Ocean Nutrition Canada Ltd. but it did not change the outcome of the appeal. Read a ... [more] Full article


Employment Litigation Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

Contributor's Profile

Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been recognized for Corporate and Commercial Litigation by Best Lawyers of Canada and has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.

Contributor's Profile

Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.

Contributor's Profile

Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.

Contributor's Profile

David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.

Contributor's Profile