Can a misrepresentation be used in employment law?

Ontario, Canada


The following excerpt is from Lysko v. Braley, 2004 CanLII 40666 (ON SC):

In Queen v. Cognos, there was an explicit representation, which, in the context in which it was made, amounted to a misrepresentation. It was a representation from which the natural and obvious inference was untrue. There, the plaintiff was offered a job by the defendant whose representative told him that he was to take charge of a specific project. The natural inference of that statement was that the project existed or was going to exist. The representative believed the project would proceed but knew that it had not yet been approved by senior management. He did not disclose this to the plaintiff who gave up his former employment and moved with his family to accept the defendant’s job offer. A term of the employment contract was that he could be dismissed on a month’s notice. The project which the plaintiff was hired to manage was not approved by senior management, did not come into existence, and the plaintiff’s employment was terminated.

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