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McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home),

Judgment Cited authorities 10 Cited in 14 Precedent Map Related
Vincent
JurisdictionOntario
JudgeStrathy C.J.O., Brown and Huscroft JJ.A.
Neutral Citation2020 ONCA 816
Citation2020 ONCA 816
Docket NumberC67290
Date17 December 2020
CourtCourt of Appeal (Ontario)
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14 practice notes
  • Court Of Appeal Summaries (April 10 ' 14, 2023)
    • Canada
    • Mondaq Canada
    • May 1, 2023
    ...C.P.C. (4th) 143, Greaves v. Ontario Municipal Employees Retirement Board (1995), 129 D.L.R. (4th) 347, McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, Belton v. Liberty Insurance Co. of Canada (2004), 72 O.R. (3d) 81, Andrews v. Allnorth Consultants Ltd., 2021 BCSC 1246, Muntean v. Enable......
  • COURT OF APPEAL SUMMARIES (April 10, 2023 – April 14, 2023)
    • Canada
    • LexBlog Canada
    • April 15, 2023
    ...C.P.C. (4th) 143, Greaves v. Ontario Municipal Employees Retirement Board (1995), 129 D.L.R. (4th) 347, McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, Belton v. Liberty Insurance Co. of Canada (2004), 72 O.R. (3d) 81, Andrews v. Allnorth Consultants Ltd., 2021 BCSC 1246, Muntean v. Enable......
  • Pohl v. Hudson’s Bay Company,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 15, 2022
    ...act, does not constitute a breach, and does not amount to a constructive dismissal: Potter, at 37; McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, 154 O.R. (3d) 451, paras. 21 to [94]           I find that Mr. Pohl did not treat HBC’......
  • Constructive Dismissal Claim Resulting From Temporary Layoff Not Barred By Ontario COVID-19 Regulation
    • Canada
    • Mondaq Canada
    • May 3, 2021
    ...the employment agreement to an end, and sue for constructive dismissal: McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2020 ONCA 816 (CanLII) at para. In Justice Broad's view, upon receipt of the written notice of May 29, 2020, the plaintiff was entitled to treat her employer's u......
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3 cases
  • Pohl v. Hudson’s Bay Company,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 15, 2022
    ...act, does not constitute a breach, and does not amount to a constructive dismissal: Potter, at 37; McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, 154 O.R. (3d) 451, paras. 21 to [94]           I find that Mr. Pohl did not treat HBC’......
  • 2023 ONCA 255,
    • Canada
    • January 1, 2023
    ...is a defence to a claim of constructive dismissal and the burden is on the employer to establish it: McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, 154 O.R. (3d) 451, at para. 24. In McGuinty, Huscroft J.A. for this court held at para. 31 that, [W]hile it may be reasonable to find that an......
  • Pham v Qualified Metal Fabricators Ltd,
    • Canada
    • Court of Appeal (Ontario)
    • April 13, 2023
    ...is a defence to a claim of constructive dismissal and the burden is on the employer to establish it: McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, 154 O.R. (3d) 451, at para. 24. In McGuinty, Huscroft J.A. for this court held at para. 31 that, [W]hile it may be reasonable to find that an......
11 firm's commentaries
  • Court Of Appeal Summaries (April 10 ' 14, 2023)
    • Canada
    • Mondaq Canada
    • May 1, 2023
    ...C.P.C. (4th) 143, Greaves v. Ontario Municipal Employees Retirement Board (1995), 129 D.L.R. (4th) 347, McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, Belton v. Liberty Insurance Co. of Canada (2004), 72 O.R. (3d) 81, Andrews v. Allnorth Consultants Ltd., 2021 BCSC 1246, Muntean v. Enable......
  • COURT OF APPEAL SUMMARIES (April 10, 2023 – April 14, 2023)
    • Canada
    • LexBlog Canada
    • April 15, 2023
    ...C.P.C. (4th) 143, Greaves v. Ontario Municipal Employees Retirement Board (1995), 129 D.L.R. (4th) 347, McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, Belton v. Liberty Insurance Co. of Canada (2004), 72 O.R. (3d) 81, Andrews v. Allnorth Consultants Ltd., 2021 BCSC 1246, Muntean v. Enable......
  • Constructive Dismissal Claim Resulting From Temporary Layoff Not Barred By Ontario COVID-19 Regulation
    • Canada
    • Mondaq Canada
    • May 3, 2021
    ...the employment agreement to an end, and sue for constructive dismissal: McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2020 ONCA 816 (CanLII) at para. In Justice Broad's view, upon receipt of the written notice of May 29, 2020, the plaintiff was entitled to treat her employer's u......
  • Court Of Appeal Upholds One Of The Highest Damage Awards In Canadian Wrongful Dismissal Case
    • Canada
    • Mondaq Canada
    • November 23, 2021
    ...MCGUINTY V. 1845035 ONTARIO INC., 2020 ONCA 816 THE Grant McGuinty was a third-generation owner of McGuinty Funeral Homes in North Bay, Ontario. After working at the funeral home for over 30 years, Grant sold his share in the business in 2012 and agreed to remain on as a General Manager/Con......
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