Wrongful Dismissal > A Litigious Employer Has Their Day in Court > Canac Kitchens (Kohler)

During difficult economic times, issues regarding dismissals and layoffs are frequent questions from both employers and employees alike.

One interesting recent example of this issue is that of Canac Kitchens Inc. (also Kohler Canada Ltd.) arising from their closure of their Canadian manufacturing operation in the Spring, 2008.  Various employees were dismissed and many started lawsuits against their employer.  Many of these lawsuits proceeded to a Judgment, including the following non-exhaustive list:

• Cardenas v. Kohler Canada Co.;
• Correia v. Kohler Ltd.;
• Donoso v. Canac Kitchens Limited;
• Firatli v. Kohler Ltd.;
• Gutierrez v. Kohler Ltd.;
• Kohler Canada Co. v. Porter;
• Mahesuram v. Canac Kitchens Ltd.;
• Moldovanyi v. Kohler Ltd.;
• Munoz v. Kohler Canada Co.;
• Somir v. Kohler Canada Co.;
• Yanez v. Canac Kitchens;
• Yiu v. Canac Kitchens Ltd.
• Zaman v. Canac Kitchens Ltd. (Kohler Ltd.)

It appears that at some point, the employer was attempting to move the remaining lawsuits into binding arbitration, to streamline the overall process.

As a helpful guide (in an attempt to manage this flood of litigation), review the chart developed by Brown, J. in Yiu v. Canac Kitchens Ltd.to track the reasonable notice awarded by the Court against this employer in a number of these wrongful dismissal lawsuits.

Gregory Chang
Toronto Insurance Litigation Lawyer