The laws of Ontario are written to protect the rights of every person living and every entity functioning within the province. As such, there are provisions to allow for reviews of decisions made by judges in a courtroom. Appeals can be made and motions can be filed until justice has ultimately been served. In an ongoing wrongful termination case, one man has discovered just how long the process can be.
In 2011, a former employee of the Humane Society of Canada (HSC) took his ex-employer to Small Claims Court. The man claimed he had been unjustly dismissed after an argument with a co-worker. After a short two-day trial, a judge issued a ruling in favour of the complainant, awarding him over $16, 000 in damages and costs.
The HSC appealed the decision, but this was dismissed in 2012. A motion was filed to throw out the dismissal, which was granted, but then it was dismissed again in 2013. In total, the HSC has filed approximately 15 motions over the course of five years. The most recent motion was also dismissed, and a judge has blocked the company from filing any further motions without leave from the Divisional Court. Damages and costs owed the complainant now exceed $32, 000.
The case cited here is not a typical wrongful termination action. Anyone considering such action in Ontario, however, should be aware that any court case has the potential to become complicated and protracted. Having an experienced lawyer as your representative is an excellent way to ensure your rights are protected, no matter the complexity or duration of the proceedings.
Source: lawtimesnews.com, “Humane Society rapped for “reprehensible” conduct”, Alex Robinson, Sept. 12, 2016