Employer wants constructive dismissal claim thrown out over incomplete disclosure
An Ontario court has declined to throw out a constructive dismissal claim over a former employee's incomplete disclosure.
But it has also warned that without the full financial trail behind his alleged job search and business ventures, a trial judge could decide the dismissed employee never tried to find new work.
As the endorsement put it, "He cannot pick and choose which relevant records he discloses."
The June 25, 2026 endorsement from the Ontario Superior Court of Justice involved the worker alleging he was constructively dismissed in October 2022. The company had asked the court to strike the claim from the January 2027 trial list and to compel production of mitigation records within 60 days, while seeking $12,500 in costs.
The case turns on mitigation, the duty of a dismissed employee to take reasonable steps to find comparable work and limit the losses later claimed. The company argued it could not test whether the worker reasonably mitigated his alleged damages without a proper documentary record, and submitted that his continued non-compliance with his production obligations called for a strong response.
The worker, who became self-represented after parting with his lawyer two days before a January pre-trial, opposed the motion. He said he had complied with the court's earlier direction and produced materials "on a rolling basis," including an initial production...
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