On October 26, 2017 the Supreme Court of Canada dismissed the application for leave to appeal of the Appellant from the decision of the Ontario Court of Appeal in Chapman v. GPM Investment Management and Integrated Asset Management Corporation. WVCD successfully acted for the Respondents in the appeal. The case concerned whether the Appellant had been constructively dismissed from his employment with GPM. The Appellant claimed he was constructively dismissed because his employer, the Respondent, GPM did not pay him a bonus that the trial judge found he was owed. Based on the one-time nonpayment of this bonus, the Appellant contended that he was constructively dismissed. The trial judge and the Ontario Court of Appeal found that the non-payment of a one-time bonus to the Appellant did not amount to constructive dismissal and there was no evidence of any intention to alter the Appellant’s employment by GPM.
WVCD partner Christopher Cosgriffe, who was lead counsel at trial, before the Ontario Court of Appeal, and in the leave application process before the Supreme Court of Canada, stated “This case demonstrates that whether an employee has been constructively dismissed depends on the employee’s unique circumstances and the employment agreement in issue. It is important that both those employees who believe they have been constructively dismissed and those employers who may intend to alter the working conditions of one of their employees carefully assess all of the factual circumstances before proceeding with litigation.”
WVCD’s litigation practice includes employment litigation at all levels of the Ontario court system and at the Supreme Court of Canada.