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Tort Claims

Can a corporate employer sue a former employee for defamation?

Topics: - Tort Claims
Jurisdiction: - British Columbia - United States

In a paper they presented at the CLEBC Employment Law Conference 2013 (held on May 9 - 10, 2013 in Vancouver), Mark Hamilton and Scott MacDonald addressed whether a corporate employer can sue a former employee for defamation for making disparaging claims against their former employer.

Mr. Hamilton and Mr. MacDonald are lawyers at Richards Buell Sutton LLP in Vancouver. The title of their paper was: "Potential Claims Against Departing Employees Without Written Agreements".

Based on their paper and presentation, here are some points of note:  read more »

Ontario Court of Appeal recognizes tort of invasion of personal privacy in case involving two BMO employees

Jurisdiction: - Ontario

In a decision issued on January 18, 2012 - Jones v. Tsige, 2012 ONCA 32 - the Ontario Court of Appeal recognized the tort of invasion of personal privacy in case involving two BMO employees.

The court then awarded $10,000 in damages to the employee whose privacy has been breached.

For more background on this case, see my May 9, 2011 post here: "Ontario Court of Appeal to consider tort of invasion of privacy in work context case".

Entire agreement clause prohibits former CEO's claims for collateral agreement and negligent misrepresentation

Jurisdiction: - Ontario

In McNeely v. Herbal Magic Inc., 2011 ONSC 4237 the court ruled that an "entire agreement" clause in the employment contract (and in another agreement) was fatal to a former president and CEO's claim for damages for breach of a collateral agreement and for negligent misrepresentation against the company that he used to work for and that had terminated his employment.