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16. Important Cases
        
 
Canadian courts have spent a lot of time deciding cases between employers and employees. We created FiredWithouCause.com to help you find the ones most relevant to you.

We wanted to share with you links to the most important cases in Canadian employment law. These cases form the core of the law governing how courts define notice periods. In our Know Your Rights section, we’ve summarized the most important principle. If you want to know more, here are the links:


Bardal v. Globe & Mail Ltd. [1960] O.W.N. 253, (1960), 24 D.L.R. (2d) 140 (Ont. H.C.)

 

The case that defined the basic law that employers must give employees without a specific employment contract notice of their termination; it also created the basic list of factors that courts will use to define a reasonable notice period in a wrongful dismissal. The case is too old to appear online; but, courts have relied on it as the leading case.

Machtinger v. HOJ Industries, [1992] 1 S.C.R. 986 • (1992), 7 O.R. (3d) 480 • (1992), 91 D.L.R. (4th) 491 • [1992] 40 C.C.E.L. 1 • (1992), 53 O.A.C. 2001

If an employment contract creates minimum notice period that is less than what an employment statute requires, the courts will imply that the parties intended to put in a term of “reasonable notice”.


Wallace v. United Grain Growers Ltd. , 1997 CanLII 332, [1997] 3 S.C.R. 701 • (1997), 152 D.L.R. (4th) 1 • (1997), [1999] 4 W.W.R. 86 • (1997), 3 C.B.R. (4th) 1 • (1997), 123 Man. R. (2d) 1

 

 

 

 

 

 

 

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