Wrongful Dismissal & Employment Law (Title Banner)

David's Practice l Recent Cases

 

Nihal Mathur vs. Bank of Nova Scotia

Nihal Mathur was fired twice by the Bank of Nova Scotia and was successful in both actions brought under the unjust dismissal sections of the Canada Labour Code. In the second action, although not resulting in reinstatement, he did succeed in proving that the Bank's actions were taken in bad faith, which resulted in an award which could exceed 4 years compensation.
 

Re Merkley Sportswear

Ron Glaister thought he was helping his neighbour when he agreed to become a director and minority shareholder of a new business. When the company became insolvent he faced some devestating news. The Ministry of Labour sought to recover from him unpaid wages and vacation pay in excess of $150,000. An order to pay was issued against him.

McNamara vs ACIL

Ken McNamara worked for a company in Sudbury, known as Alexander Center Industries Limited. He was the president....He delivered a letter to the company in mid July of 1998 asking for a medical leave due to excessive stress, which the employer asserted was a resignation. He was successful in recovering a 21 month severance claim without set-off of disability sums received.
Nigel Pleasants

Injunction application denied. This case demonstrates the difficulty facing an employer in attempting to enforce by injunctive relief the terms of a non-compete agreement.

Zesta v Cloutier

application for summary judgment overturned by Court of Appeal.

 

Mahavir Mathur ( no relationship to Nihal )  vs Bank of Nova Scotia

Mahavir Mathur worked for the Bank of Nova Scotia as a project manager. The Bank advised Mr. Mathur that his position was to be replaced by a more senior position...

 

 

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