Toller Cranston vs CBC

Toller Cranston successfully  sued CBC due to the termination of his contract as an on air colour commentator for figure skating events. He was also allowed additional compensation for the loss of publicity inherent in his position as a national broadcaster.

The plaintiff was moved by the Bank to Chicago and later terminated. The Bank initially attempted to argue Illinois law applied which would have severely limited the claim. Ultimately this defence was dropped. The Plaintiff was moved to Chicago on a fairly generous relocation policy which was not offered for the move back to Canada following his termination in Chicago. The moving costs were awarded, together with a severance of 12 months. This case was used as a precedent example of the need for good faith treatment of employees by the Supreme Court of Canada in Wallace.

Galbraith v Acres affirmed by the Court of Appeal although not on this issue

Mr. Galbraith successfully showed the termination of his employment was influenced by his age, which caused an increase in the normal severance obligation. As with the Intercorp case, this must be used with caution in view of the Keays v Honda decision and recent amendments to Ontario's Human Rights Code effective July 1, 2008.

Marshall vs Watson Wyatt

This was one of few cases tried before a jury. The trial judgment was later reduced by the Court of Appeal in rejecting the award made of punitive damages of $75,000. The notice award of 12 months and the increment to same of 3 months remained in tact, which was considered a large award given a relatively short period of service. The total award at trial was in excess of $600,000.

 Clark vs BMO Nesbitt Burns  

Richard Clark successfully   sued BMO Nesbitt due to the termination of his position as an Investment Advisor. He recovered at trial 18 months severance, an enchanced severance of a further 3 months for unfair treatment and also the sum of $90,000 to compensate for his inability to sell his Book of Business to a colleague. At the time of his termination, he showed he was in discussions with a fellow IA to sell his Book for approximately $150,000. The employer denied him this right after which the employer sold Clark's Book to his former manager.  The total trial judgment was for $250,000. The company did pay the minimum statutory payment at the time of termination of approximately $40,000.

This case was appealed to Ontario Court of Appeal which was heard in August of 2008. The Court of Appeal upheld all aspects of the trial judgment, save the award of Wallace damages.