Fasken represented CIBC in Federal Court in a wrongful termination case. One of the main elements of the litigation between the parties was to determine if reinstatement was the “automatic” remedy to be ordered by the Tribunal. Fasken argued, on behalf of CIBC, that even in the absence of just cause, reinstatement was not a viable option in this particular case and that compensation was instead more appropriate.
The Federal Court confirmed the position taken by Fasken on behalf of CIBC. The Court ruled that although reinstatement may be the appropriate remedy more often than not, this does not mean that reinstatement becomes the norm or somehow becomes the standard to be deviated from only in exceptional circumstances. This was particularly so given that CIBC had demonstrated, on the balance of probabilities, that such reinstatement is inappropriate.
This decision will likely be invoked by employers across Canada as a fundamental precedent to justify deviating from the usual reinstatement order.
A Fasken team led by Magali Cournoyer-Proulx and Aya Barbach Rhonda Grintuch and including with this transaction.
