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Litigation

Can I lose my right to claim constructive dismissal if I keep working after the change in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. If you continue working for too long after a significant unilateral change without objecting, a court can find that you accepted, or condoned, the new terms, which can undermine a later constructive dismissal claim based on that same change. Courts look at how much time passed, whether you raised objections or expressed disagreement along the way, and whether continuing to work looked like genuine acceptance of the new arrangement rather than a reasonable, temporary decision to keep earning income while assessing your options.

There is no fixed cutoff for how long is too long - it depends on the nature of the change and how you responded to it in the meantime. Employees who want to preserve a constructive dismissal claim while continuing to work are generally well advised to clearly communicate, ideally in writing, that they consider the change unacceptable and are continuing to work under protest or while evaluating their options, rather than staying silent and risking the argument that their continued work amounted to acceptance of the new terms.

Key takeaways

  • Continuing to work too long after a major change without objecting can amount to condonation.
  • Courts look at the length of time, any objections raised, and whether continuing looked like acceptance.
  • There is no fixed time limit - it depends on the specific change and circumstances.
  • Communicating clearly, ideally in writing, that a change is not accepted helps preserve a claim.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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