Wallace damages still kicking around

Ontario Court of Appeal upholds notice extension based on bad-faith conduct
By Ronald Minken
|Canadian Employment Law Today|Last Updated: 08/26/2009

It has been more than a year since the Supreme Court of Canada ruled on the appeal in Keays v. Honda Canada Inc. This decision was one of the most highly anticipated decisions in employment law, providing insight and guidance for lower courts in awarding both damages for bad faith in the conduct of dismissal (formerly known as Wallace damages) and punitive damages. More specifically, the ruling essentially removed the ability of courts to award what has commonly been referred to as Wallace damages.