The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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Employee suspension ruled constructive dismissal: Supreme Court

Employers would be wise to consider the terms of an employee’s contract before administratively suspending him or her. The Supreme Court of Canada held that administrative suspensions must be both reasonable and justified. Also, employers cannot use an administrative suspension to get around the fact that they no longer intend to be bound by an employee’s employment contract. In Potter v. New Brunswick Legal Aid Services, 2015 SCC 10, the Supreme Court of Canada ruled that an employee’s administrative suspension with pay amounted to constructive dismissal. Background Mr. Potter was the (non-unionized) Executive Director of the New Brunswick Legal Aid ... [more] Full article

Court Reduces Notice Period, Employee Should Have Known Better

The Ontario Superior Court of Justice recently reduced the notice period awarded to a wrongfully terminated employee for his failure to properly read his contract before signing on the dotted ... [more] Full article

Pension Benefits Do Not Replace Wages Owed, Supreme Court Rules

An employee’s pension payments should not be deducted from damages otherwise payable for wrongful dismissal, the Supreme Court ruled recently. Pension benefits are not intended to indemnify wage loss due ... [more] Full article

Six months’ severance is six months’ severance! Dismissed employee awarded full contractual severance, despite new job

In its decision released on June 21, 2012 in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, the Ontario Court of Appeal confirmed that where an employer has agreed to continue paying salary to a dismissed employee for a fixed period in a written employment agreement, that is the obligation and it will be enforced. [more] Full article


Wrongful Dismissal Contributors

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.

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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.

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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.

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