Notable Cases - Matthew A. Fisher

Chambers v. Global Traffic Technologies Canada Inc. ONSC 2000 (CanLII)
Ontario Superior Court of Justice
Mar 22, 2018
Acted successfully on behalf of a General Manager with 2.5 years of service who was awarded 9 months of pay in lieu of notice, along with bonus for both the period worked and the entire notice period.

King v. 1416088 Ontario Ltd. (Danbury Industrial), 2015 ONCA 312
Court of Appeal for Ontario
April 30, 2015
The decision by the Superior Court of Justice in King v. 1416088 Ontario Ltd. was upheld by the Court of Appeal for Ontario in a unanimous ruling. The Plaintiff’s entitlement to 24 months of notice and a lifetime pension against all Defendants was upheld, including against a Defendant that was not operating at the time of the Plaintiff’s dismissal.

Keenan v. Canac Kitchens, 2015 ONSC 1055
Ontario Superior Court of Justice
January 21, 2015
Marilyn and Lawrence Keenan worked 26 and 33 years respectively for Canac Kitchens. While they worked full time, Canac viewed them as “independent contractors” because they were paid by invoice rather than salary and had “subcontractors” reporting to them. They were terminated without any notice of severance when Canac wound down its operations in Canada.
The Court accepted the Plaintiff’s submissions and awarded the Keenans 26 months of pay in lieu of notice, the highest award ever to a “dependent contractor”.

Felice v. Cardinal Health Canada Inc., 2014 ONSC 1190
Ontario Superior Court of Justice
March 20, 2014
The Plaintiff worked for the Defendant and its predecessor for a total period of 18 months, and at the time of the termination of his employment without cause held the position of National Director of Operations. The Court awarded 12 months of notice, despite the employee’s relatively short tenure.

Todd Shapiro v. Corus Entertainment Inc, 2014 CanLII 59597 (CA LA)
Canada Labour Code Adjudication
October 8, 2014
Todd Shapiro, the complainant, alleges he was unjustly dismissed from his position as a radio co-host. The employer, Corus Entertainment Inc., operates a large number of radio and television stations across Canada.

King v. 1416088 Ontario Ltd (Danbury), 2014 ONSC 1445
Ontario Superior Court of Justice
March 25, 2014
38 year employee was awarded 24 months of notice and a lifetime pension against not only the his direct employer, but also against its associated companies, including those that were not operating at the time that he was dismissed.

Fasullo v. Investments Hardware Ltd., 2012 ONSC 2809
Ontario Superior Court of Justice
May 10, 2012
Employee was not bound by a restrictive termination clause since he signed it after leaving a previous employer and joining the Defendant based on a verbal contract that did not address termination. It was found that there was no consideration for the written termination clause or the clauses that followed in later contracts.

Macan v. Strongco, 2013 HRTO 841
Human Rights Tribunal of Ontario
May 16, 2013
Employee was dismissed as part of a restructuring. The Human Rights Tribunal found that her medical disability was a factor in the decision and awarded 9 months of backpay and damages for injury to her dignity, feelings, and self respect as a result of the violation of her human rights.

Henderson v. Marquest Asset Management Inc., 2010 CanLII 34120
Ontario Labour Relations Board
June 17, 2010
A mother told that there was no position for her when she returned from maternity leave to her job at a financial company following the recent economic downturn. The OLRB determined that her job did exist and was held by her replacement. She was ordered reinstated with full back-pay.