HR · Wrongful Dismissal

Canadian coverage, focused on wrongful dismissal, with verified short holdings, original analysis and links to the underlying sources. A publication date isn't the same as a decision date. The dates below identify which is shown.

11 verified publications. Showing the 11 most recent.

Decision 2016-07-14 · Open coverage

Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29

The Supreme Court restored a federal unjust dismissal ruling after an employer argued that severance could justify a termination without cause. For eligible federally regulated employees, the statutory protection can't be replaced simply by paying ordinary notice or severance.

Decision 2026-06-17 · Open coverage

Kushner v First Nation of Nacho Nyak Dun, 2026 YKSC 46

An expressly dismissed worker could plead wrongful dismissal, but not constructive dismissal. Some allegations of employer mistreatment survived because they might support additional damages. No liability or damages were decided.

Decision 2026-09-11 · Open coverage

Boles v Yukon Department of Education, 2026 YKSC 78

A Yukon Teacher on Call's civil claim over her probationary dismissal was struck because labour legislation and the collective agreement governed the dispute. Judicial review of the Deputy Minister's decision remained available. The court did not decide whether the dismissal was justified.

Decision 2026-03-19 · Open coverage

VIC Progressive Diamond Drilling Inc. v Araneda, 2026 NBCA 26

The New Brunswick Court of Appeal set aside a $115,240 constructive dismissal award because the president's concealed work for a competing drilling business amounted to after acquired cause. It upheld repayment of US$70,000 and refused to rewrite the share register.

Decision 2026-08-19 · Open coverage

Rist v. Prairie Mountain Health, 2026 MBKB 114

A physician's 2017 termination claims were statute barred, and continuing hospital privileges didn't create a rolling cause of action. A distinct 2023 dispute survived only as a conditional opportunity to plead a proper contract.

Published 2026-09-30 · Member analysis

Your Severance Calculator Is Guessing

Canadian courts have never accepted a fixed one month per year formula for reasonable notice, and the case law shows why any calculator promising a precise number is guessing.

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