The Time Period Assessed When Reviewing ‘The Manner of Dismissal’

Moral damages are not limited to an employer’s conduct during the termination meeting and can include acts both before and after the actual dismissal. For example in Gismondi v. Toronto (City)1 the Ontario Court of Appeal stated that moral damages are not limited to acts of the employer at the very moment of dismissal, but can include “the employer’s conduct pre and post-termination … and the conduct of the employer in its aftermath” as long as they are components of the manner of dismissal.2

Similarly, in Lowndes v. Summit Ford Sales Ltd.3 the Court approved the trial judge reviewing events that predated the actual dismissal because “they form part of the context that fueled and eventually surrounded the dismissal itself.4

In Mulvihill v. Ottawa (City),5 the Court focused on events that occurred both before and after the termination letter that was sent to the plaintiff.  Justice Gillese wrote: “What Wallace requires is an examination of the manner of dismissal, taking into account the full context of the employment relationship.”


  1. Gismondi v. Toronto (City of), 2003 CanLII 52143 (ONCA)
  2. Ibid, at para. 23
  3. Lowndes v. Summit Ford Sales Ltd., 2006 CanLII 14 (ONCA);
  4. Ibid, at para. 19.
  5. Mulvihill v. Ottawa (City), 2008 ONCA 201;