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Recent Posts
Below is a preview of the five most recent posts from the blog Labour Pains. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- General Description of Categories of Confidential Information is Inadequate when Claiming Misappropriation and Misuse of Confidential Information
In a statement of claim, in an action for misappropriation and misuse of confidential information what level of specificity is required as “material facts” pursuant to Rule 25.06 of the Rules of Civil Procedure? In Contino v. Olymel L.P, 2025 ONSC 7064, Associate Justice Nitchke held that broadly de … Read more »
- Por qué no los dos?
If an employer falsely alleges fraud as cause for termination, should the dismissed employee be entitled to an extension of the notice period; some form of moral and/or punitive damages; or both? Twenty years ago, an Old El Paso commercial featured a young girl attempting to settle a dispute between … Read more »
- Employment Law IS Real
The Court of Appeal for Ontario’s decision in Baker v. Van Dolder’s Home Team Inc., 2026 ONCA 568 makes me want to leave the practice of law. Not just employment law, but the entire profession. While that opening is melodramatic, I have always had a penchant for theatrics. Moreover, the only way to … Read more »
- Application Best Serves Proportionality, Efficiency, and Justice in Wrongful Dismissal Case: ONSC
Applications remain an appropriate vehicle, if not the preferred approach, for the resolution of wrongful dismissal cases. In an endorsement released May 12, 2026, the Honourable Justice Marc Garson of the ONSC refused a request to convert a wrongful dismissal application into an action. In providin … Read more »
- Eyes Wide Shut – Admission of a Failure to Look for New Employment Insufficient to Prove a Failure to Mitigate
Is a dismissed employee’s admission that he didn’t even bother to look for new employment enough to prove that he failed to mitigate his damages? According to the Court of Appeal for Ontario, it is not. A dismissed employee’s duty to mitigate his or her termination entitlements remains one of the mo … Read more »