About Barry B. Fisher LL.B.
Why claiming a failure to mitigate for a 35 year employee is almost futile
In Wall v M.H. Roe Sheet Metal (no CanLII citation yet) Justice Kumaranayake of the Ontario Superior Court found the proper notice period for a 56 year old Office Administrator with 35 years’ service was 24 months.
Barry B. Fisher LL.B.
2 minutes read
September 16, 2024 
Forfeiture clause for breach of confidentiality and non disparagement provision in an HRTO settlement upheld
In L.C.C v M.M. (2023 HRTO 1138) Adjudicator Lavinia Inbar was dealing with an allegation that the former employee had breached a settlement agreement by publishing on LinkedIn the following statement:
Barry B. Fisher LL.B.
“I can terminate you at any time” makes termination clause void
Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029 adds to the long list of ways that poorly drafted termination clauses can violate the ESA and render the entire termination provision unenforceable.
Barry B. Fisher LL.B.
Waksdale is safe: OCA refuses 5 panel bench in Dufault v Township of Ignace
In their Notice of Appeal, the Township asked the Ontario Court of Appeal to convene a panel of five judges because they wanted to overturn the seminal Ontario Court of Appeal case of Waksdale v. Swegon North America Inc., 2020 ONCA 391.
Barry B. Fisher LL.B.
In proving sexual harassment you can’t just rely on an investigation report
In Kozar v The Canadian National Railway Company (2024 MBKB), Justice Rempel heard a summary judgement motion regarding a 61 year old Senior Material Supervisor with 34 years service who was terminated for sexual harassment.
Barry B. Fisher LL.B.
This case covers almost everything you need to know about wrongful dismissal
In Jimmy How Tein Fat v. PRGX Canada Corp., 2023 ONSC 6374, Justice Callaghan ruled on many issues that commonly arise in wrongful dismissal actions and therefore provides a useful guide to the leading cases and what they stand for.
Barry B. Fisher LL.B.