On a number of occasions the Court of Appeal has had the opportunity to reconsider Wallace damages in wrongful dismissal in light of Keays. In each case the Court has been able to avoid making a determination.
Today's decision in Clark v. BMO Nesbitt Burns Inc., 2008 ONCA 663 was yet another opportunity to clarify what Keays means.
But as in every case before the Court chose not to decide the issue.
The meaning of Keays is unclear (does it expand Wallace damages or end them completely?) and will have to be resolved soon -- but not yet.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
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