Webb v. SDT North America

Firms involved

Levitt Sheikh LLP, Johnston Montgomery Watson
JAMES SEAN WEBB
Law Firm
Levitt Sheikh LLP
Lawyer(s)

Puneet Tiwari

SDT NORTH AMERICA
Law Firm
Johnston Montgomery Watson
Lawyer(s)

John W. Montgomery

  • Facts: Webb was laid off in March 2020 following the COVID-19 pandemic's onset. He claimed constructive dismissal, arguing no contract clause allowed layoffs. SDT deemed essential, did not recall Webb, leading him to seek legal action.
  • Issues: Applicability of summary judgment, nature of employment contract, Infectious Disease Emergency Leave (IDEL) applicability, impact of IDEL on common law, constructive dismissal presence, and damages.
  • Ruling: Summary judgment granted to Webb. Found constructively dismissed at common law. Employment contract lacked implied layoff term; IDEL did not preclude constructive dismissal claims.
  • Amount Awarded: $68,854.51 in damages to Webb.
Superior Court of Justice - Ontario
CV-20-00000072-0000
Labour & Employment Law
$ 68,855
Plaintiff