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    Law Offices of Nizam Hashmi > Uncategorized (Page 2)

    Wrongful Dismissal: Brake v. PJ-M2R Restaurant Inc.

    **Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 Employment — Wrongful dismissal — Constructive dismissal — Employer telling restaurant manager that she could accept demotion to position as first assistant with meaningfully inferior benefits or be fired — Employee constructively dismissed — Employee not obliged to accept humiliating demotion in order to mitigate her damages. Employment — Wrongful dismissal — Damages — Mitigation — Trial judge awarding constructively dismissed employee damages based on notice period of 20 years (inclusive of statutory entitlement to termination and severance pay) — Employment income earned by employee during statutory entitlement period not subject to deduction...

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    Corporate Fraudulent Case: Midland Resources Holding Ltd. v. Shtaif

    **Midland Resources Holding Ltd. v. Shtaif, 2017 ONCA 320 Actions — Bars — Settlement — Plaintiff shareholders induced by defendants’ deceit and fraudulent misrepresentation to invest in sham company to develop oil and gas fields in Russia — Fraud coming to light in June 2006 — Parties entering into settlement agreement and reorganizing venture using new company — Plaintiffs suing defendants for fraudulent misrepresentation, deceit and conspiracy — Settlement agreement not precluding plaintiffs from asserting any claims for period before June 2006. Corporations — Directors — Duties — Trial judge erring in finding that director was liable to shareholder for breach...

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