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Supreme Court of Canada

Supreme Court of Canada denies leave to appeal in Soost v. Merrill Lynch Canada employment termination case

The Supreme Court of Canada has denied leave to appeal of the Alberta Court of Appeal's decision in Merrill Lynch Canada Inc. v. Soost, 2010 ABCA 251.

The trial judge in this case had determined that the employer did not have just cause to terminate Mr. Soost's employment and had awarded him damages as follows:

  • $600,000 on account of his notice period; and
  • $1.6 million in damages to his reputation and book of business or goodwill. This award was made pursuant to the principles expressed in Honda v. Keays 2008 SCC 39.

On appeal, the Alberta Court of Appeal quashed the $1.6 million damages award. (The notice period damages were not appealed).

The Top 10 Human Rights Cases in Canada

Lancaster House is continuing its "Top 10" theme for audioconferences. This time its an audioconference on March 3, 2011 addressing The Top 10 Human Rights Cases. The cases and the issues they address (quoted from Lancaster) are:  read more »

Supreme Court of Canada refuses to hear case concerning Quebec's workplace psychological harassment provisions

Jurisdiction: - Quebec

The Supreme Court of Canada today dismissed a leave to appeal application in a case concerning the psychological harassment provisions in Quebec's Labour Standards Act.

The SCC's website summarizes the case  - Elena Anton v. DMR, a division of Fujitsu Consulting (Canada) Inc. and Commission des relations du travail - as follows:

In 2006, Éléna Anton was hired by DMR as a senior systems delivery advisor.  The contract of employment stated that her employment was subject to a six-month probationary period.  In 2007, Ms. Anton consulted her doctor, who gave her a medical certificate for sick leave.

Dissatisfied with the quality of her work, primarily because she did not work well with others and did not follow certain instructions, DMR terminated Ms. Anton's employment at the end of the probationary period.  read more »