McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home)
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Strathy C.J.O., Brown and Huscroft JJ.A. |
| Neutral Citation | 2020 ONCA 816 |
| Citation | 2020 ONCA 816 |
| Docket Number | C67290 |
| Date | 17 December 2020 |
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18 practice notes
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Court Of Appeal Summaries (April 10 ' 14, 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......
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Dismissal Without Cause
...in POINT SIGNIFICANT PASSAGE OF TIME BEFORE COMPLAINT MAY NOT MEAN CONDONATION McGuinty v 1845035 Ontario Inc (McGuinty Funeral Home), 2020 ONCA 816 Facts The respondent, McGuinty, was the third-generation owner of a family-run funeral home and had been running the business until 2012, when......
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Métis National Council Secretariat Inc. v. Chartier
...not required to mitigate: Howard v. Benson Group Inc., 2016 ONCA 256, 129 O.R. (3d) 677, at para. 33; McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, 154 O.R. (3d) 451, at para. 46. Ms. Watteyne was under no duty to mitigate and, even if she were, it was not a breach of fiduciary duty for ......
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Pohl v. Hudson’s Bay Company
...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’s actions as a repudiation of the contract. He condoned HBC’s cours......
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4 cases
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Métis National Council Secretariat Inc. v Chartier
...not required to mitigate: Howard v. Benson Group Inc., 2016 ONCA 256, 129 O.R. (3d) 677, at para. 33; McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, 154 O.R. (3d) 451, at para. 46. Ms. Watteyne was under no duty to mitigate and, even if she were, it was not a breach of fiduciary duty for ......
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Pohl v. Hudson’s Bay Company
...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’......
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Pham v Qualified Metal Fabricators Ltd
...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......
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Minkarious v 1788795 Ontario Inc.
...the poisoned work environment subsequently and does not address condonation (at paras. 47–50). 39 In McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, the Court of Appeal described condonation as applying to both branches of the Potter test, at para. 24. The employee has an election to make—......
10 firm's commentaries
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Court Of Appeal Summaries (April 10 ' 14, 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......
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Constructive Dismissal Claim Resulting From Temporary Layoff Not Barred By Ontario COVID-19 Regulation
...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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The Expiration Of Deemed IDEL
...to have accepted this change to the terms of their employment. As confirmed by the Court of Appeal in McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816 at para. 24, when an employee has been constructively "The employee has an election to make ' whether to continue to work, and so accept the ......
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Court Of Appeal Upholds One Of The Highest Damage Awards In Canadian Wrongful Dismissal Case
...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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1 books & journal articles
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Dismissal Without Cause
...in POINT SIGNIFICANT PASSAGE OF TIME BEFORE COMPLAINT MAY NOT MEAN CONDONATION McGuinty v 1845035 Ontario Inc (McGuinty Funeral Home), 2020 ONCA 816 Facts The respondent, McGuinty, was the third-generation owner of a family-run funeral home and had been running the business until 2012, when......
