Canada: Unfair/ Wrongful Dismissal

The Supreme Court of British Columbia examined the termination of a long-serving investment advisor in a case that addressed worker classification, termination clauses, and the discovery of misconduct after dismissal.

In Birnbaum v. Dr. Chan, 2026 ONSC 2009, the Ontario Superior Court dismissed an action for wrongful dismissal and human rights damages brought by a former long-service employee against Dr. Victoria Chan (Dr. Chan) and her Respirology and Sleep Disorder Medical Clinic (the Clinic), concluding that the Clinic had after-acquired cause for termination due to the employee’s well-documented history of unauthorized, improper usage of the Clinic’s electronic medical record database.

This decision highlights that an employer is entitled to rely on the representations made by a candidate or an employee, especially for executive-level roles. Any intentional misrepresentation can be used to establish just cause to dismiss an employee