Chalmers v. Airways Transit Service Ltd. and Badder Capital Group Ltd
In the case of Chalmers v. Airways Transit Service Ltd. and Badder Capital Group Ltd dated October 11, 2023, the defendant Airways Transit Service Limited, owned by Badder Capital Group Limited, had faced legal action from the plaintiff, Michael Chalmers. Airways Transit, an airport shuttle service in the Greater Toronto Region, had laid off its employees, including Chalmers, in March 2020 due to the COVID-19 pandemic.
However, by June 2020, all management employees except Chalmers had been recalled and continued working without further layoffs.
Chalmers had initiated legal proceedings claiming constructive dismissal.
Airways Transit had justified Chalmers' layoff without pay during the COVID-19 period under Ontario Regulation 228/20 – Infectious Diseases Emergency Leave, which had allowed such actions during the pandemic.
They had argued that Chalmers had resigned through his lawyer's letter in May 2021, rather than being constructively dismissed.
After filing affidavits and undergoing cross-examinations, the court had issued a summary judgment in favor of Chalmers.
It had further ordered Airways Transit to pay Chalmers damages amounting to 25 months' salary and employment benefits, minus any income earned from new employment during the notice period.
The plaintiff had also been entitled to damages for unpaid vacation pay accrued during the 25-month notice period.
Finally, Airways Transit had been directed to pay punitive damages of $30,000 to Chalmers. Chalmers had also been entitled to pre-judgment and post-judgment interest.
Any disagreements regarding the owed amounts had been instructed to be addressed in writing by the parties.
