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Ontario Court of Appeal

Director of company breached fiduciary duties in approving own excessive compensation package

In Unique Broadband Systems, Inc. (Re), 2014 ONCA 538, the Ontario Court of Appeal ruled that a director of a company breached his fiduciary duties in approving an excessive compensation package for himself and the other directors and that his actions were not protected by the business judgment rule.  

"To Pay Vacation Pay, Or Not Pay Vacation Pay: That Is The Question "

Two lawyers at McMillan - Paul Boshyk and George Waggott - have written an article for the firm's January 2014 labour and employment bulletin, "To Pay Vacation Pay, Or Not Pay Vacation Pay: That Is The Question".

The article addresses the obligation to compensate a dismissed employee for vacation pay over the notice period. The authors focus on the following Ontario cases:

  • Cronk v Canadian General Insurance Co., (1995), 25 OR (3d) 505 (ONCA) 
  • Garvin v Rockwell International of Canada Ltd., 1993 CarswellOnt 966 (Ct J (GD)) 
  • Emery v Royal Oak Mines Inc., 1995 CarswellOnt 456 (Ct J (GD))

Ontario appeal court discusses when a poisoned work environment can give rise to a constructive dismissal

In General Motors of Canada Limited v. Johnson, 2013 ONCA, the Ontario Court of Appeal discussed the legal test for when a poisoned work environment can give rise to a constructive dismissal. Specifically, it stated:  read more »

Gender bias in severance settlements, says UVIC professor Dr. Ken Thornicroft

Ken Thornicroft is a well known labour and employment law academic and adjudicator in BC.

He is currently a professor at the University of Victoria, Gustavson School of Business and a member of the BC Employment Standards Tribunal.

Recently he has been studying the issue of gender bias in negotiated  and wrongful dismissal severance awards, and presented a paper that touched on this topic at the CLEBC Employment Law Conference in 2011. That paper can be found here: "Appellate Review of "Reasonable Notice" Awards in Canada: 2000-2010".

On June 4, 2012, UVIC issued this news release concerning his research:

Gender Bias In Severance Settlements  read more »