174 Davenport Road, Toronto, Ontario, M5R 1J2

Leading Wrongful Dismissal and Employment Law Litigator

Over 28 years of experience as a wrongful dismissal lawyer


For our message with respect to Coronavirus (COVID-19) click here

For the latest developments in employment law during COVID-19 click here (updated November 17, 2021).

I have practiced labour and employment law in Toronto as a wrongful dismissal lawyer since 1993. I am intimately aware of the legal challenges employees and employers face. I am also a principal at Davenport Law Group in downtown Toronto.

I know that it can be challenging and costly for employers to manage their various legal duties. I also know that work disputes can be devastating for employees. This is especially true in cases involving wrongful dismissal.

I have dedicated my entire career to helping employers and employees resolve their legal issues. Over the years I have successfully handled hundreds of cases on behalf of my clients involving a wide range of legal issues. I have appeared before all levels of Court in Ontario. Read more here.

If you need to speak to a wrongful dismissal lawyer, call me directly at: (416) 323-3614, or email me at kalexander@davenportlaw.ca.

Noted Decisions


Talbot v. Nourse, 2019 ONCA 436

Ken and Kristopher Stone were co-counsel and successfully argued that their client was entitled to receive funds in the amount of $202,000 owed to their client by a former employer for services provided based on the common employer theory.

Nufrio v. Allstate Insurance Company of Canada, 2017 ONCA 948

Ken and Kris were successful in overturning a trial decision against a client who would have also had to pay $60,000 in costs for the trial. On appeal, their client was found to have been wrongfully dismissed and received $60,000 in costs for the trial and $7,500 for the appeal.

More decisions here

COVID-19


Ontario has been through different levels of lockdowns and restrictions since March of 2020 as a result of the global Coronavirus (COVID-19) pandemic. These have had a significant economic impact on both employers and employees alike.

Many businesses have had to reduce their employees’ hours, to lay-off certain employees on a temporary basis or to transition their workforce to work from home.

Under normal circumstances, if an employee is laid off, he or she may eventually be entitled to treat the layoff as a constructive or wrongful dismissal. The employee may then start a wrongful dismissal lawsuit for additional remedies under the Employment Standards Act or the common law.

More information here

To book a consultation call: (416) 323-3614

Wrongful Dismissal

The act of an employer firing an employee without just cause is a wrongful dismissal. If you have been dismissed in Ontario without just cause, you are entitled to receive reasonable notice or pay in lieu of notice.

The amount of notice pay your employer must give you depends on your case. The facts of your case determine how much notice is reasonable.

The Employment Standards Act in Ontario sets out the minimum entitlement of employees. Depending on your case, you may be entitled to receive severance pay, termination pay, and vacation pay in accordance with the Employment Standards Act minimums. Section 57 of the Employment Standards Act outlines the employment standards minimums an employee may be entitled to.

Read more here

Termination Without Cause

A termination without cause in Ontario may allow an employee to commence a wrongful dismissal lawsuit. Employers are normally not required to have a reason to dismiss an employee.

Business should be allowed to arrange their affairs and contract their workforce to survive in a competitive market. Nonetheless, if an employer is considering firing an employee and there is no cause, the employer must give reasonable notice or pay in lieu of notice to the employee.

If the employer fails to meet its legal obligations in a termination without cause, the employee may be able to pursue a wrongful dismissal lawsuit against the employer. Whether or not there is cause to dismiss an employee is a highly contentious issue.

Read more here

Long Term Disability

Long term disability insurance is meant to protect employees in situations where they are unable to return to work for an extended period of time due to some kind of injury or ailment.

Long term disability insurance provides employees replacement income during recovery. It allows the employee to undergo rehabilitation if possible and to gradually return to work. Employers looking to assist employees on long term disability may accommodate them and allow them to return to work on modified duties.

The long term disability coverage usually starts when the short term coverage ends. There are many instances when employees sustain injuries or ailments away from their workplaces such that compensation does not cover them.

Read more here