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Highlights, Decisions, and Awards

Daniel Lublin

This month Daniel Lublin was once again successful in obtaining one of the lengthiest severance awards for a Canadian employee.  The Court awarded his client 24 months payment of salary and benefits following her termination.  The Court entirely accepted Mr. Lublin’s position that even with his client’s competence and experience she would have a difficult time obtaining a similar job and deserved significant compensation.  The court also agreed that that his client’s age (60 years-old) and her 30 years of dedicated service were critical factors that the employer must not ignore.

The full decision is now available to the public and can be accessed through this link
(Ozorio v. Canadian Hearing Society (2016 ONSC 5440))

Jonquille Pak

Jonquille Pak, partner at Whitten & Lublin, was successful in defending a surgical clinic in a wrongful dismissal lawsuit brought by a former nurse. The Court held that the Clinic had just cause to dismiss the nurse because she forwarded work emails containing confidential patient information to her personal Yahoo account.

Marc Kitay

Marc Kitay won a trial for an employee, who was fired for just cause and did not receive any notice of termination or pay in lieu of notice. Marc sued the company, claiming that (a) it did not have cause for dismissal, (b) the termination provision in the employee’s contract was illegal, and (c) that she is entitled to reasonable notice of termination. He was successful on all 3 grounds.

The judge held that (a) the employer failed in its burden of proving cause for dismissal, (b) it is illegal to make an employee’s minimum termination and severance entitlements under the Employment Standards Act, 2000 conditional on signing a release, and (c) she will receive damages to cover her entire period of unemployment, together with interest and a portion of her legal fees.

Stephen Wolpert – Zarco

Another successful case by Stephen Wolpert. Acting for the Employer in Zarco, Stephen helped to ensure the early dismissal of a former employee’s claim in the Human Rights Tribunal of Ontario. In that case, the Applicant argued that he had a valid claim and that he did not sign, see or even receive the document releasing the employer from any human rights claim. Stephen was able to persuade the Tribunal that the Applicant had seen and agreed to the document, that the document was clear, and that the Applicant’s claim should be dismissed as an abuse of process.

Insight Merchandising LLC

Acting for the Plaintiff in Insight Merchandising LLC, Stephen Wolpert helped his client, a commissioned salesperson, obtain every penny of the unpaid commissions he was owed. To do so, Stephen overcame conduct by the Defendant’s representative that was described by the court as “obstructing the administration of justice”.

Wood v. Fred Deeley Imports Ltd.

Whitten & Lublin is proud to announce the release of the Ontario Court of Appeal’s decision in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158.
Daniel Lublin and Marc Kitay successfully lobbied the province’s highest court to settle an enduring dispute that has, for several years, caused confusion for both employees and employers regarding the interpretation of employment contracts.
The Court acceded to Daniel and Marc’s submissions, adopting an approach that favours enhanced protections for dismissed employees, who it recognized as being “most vulnerable” and “most in need of protection”. The Court found that a contract that could reasonably be interpreted as illegal, cannot be relied upon in the future as evidence of the parties’ intentions.