Lecker & Associates Secures Precedent-Setting Victory for Building Services Employee

News related to:Lecker & Associates · 2 min read

TORONTO, ON, CANADA, October 9, 2026 /CourierPR/ -- Lecker & Associates, a Toronto-based employment law firm with over 35 years of experience, has secured a precedent-setting victory in the Court of Appeal for a building services employee. The firm successfully defended a $78,925 severance judgment based on 10 months' reasonable notice, plus damages for lost benefits, in the case of Kondaj v. Crossbridge Condominium Services Ltd., 2026 ONCA 636 (CV-24-00716430).

The case involved Gazmend Kondaj, a building manager employed by Crossbridge Condominium Services Ltd. at the SoHo Hotel & Residences in Toronto. When the property management contract for the SoHo Hotel & Residences was awarded to Duka Property Management Inc., Duka replaced Crossbridge as the building services provider. Duka chose not to continue Mr. Kondaj’s employment, while Crossbridge did not place him at another property. Duka paid Mr. Kondaj three weeks of statutory termination pay and briefly continued his benefits but did not provide his common law reasonable notice entitlements. Similarly, Crossbridge did not pay him his common law reasonable notice.

Mr. Kondaj brought a wrongful dismissal claim against both companies. Kimberley Sebag of Lecker & Associates argued the case on his behalf. The motion judge ordered Duka to pay $78,925, based on 10 months of common law reasonable notice. Before proceeding to the Superior Court, Mr. Kondaj offered to settle with both companies for $27,600. Both companies rejected his offers. As a result, the court ultimately ordered Duka to pay $56,321.46 toward Mr. Kondaj’s legal costs.

The Court of Appeal upheld the original judgment on behalf of Mr. Kondaj. In its decision, the Court confirmed that sections 56 and 75 of Ontario’s Employment Standards Act, 2000 must be read together. When an incoming building services provider chooses not to employ an affected worker, the legislation treats the new provider as though it terminated that employee. The legal consequences extend beyond minimum termination and severance pay under employment standards legislation. The incoming provider is also responsible for common law reasonable notice.

This decision provides meaningful protection for employees whose jobs may be affected by a change in building services providers. An employee should not be left without their severance entitlements while the outgoing and incoming providers argue over who is responsible. Changes in service providers are common across Toronto condominiums, office buildings, hotels, and other properties. These transitions can affect building managers, cleaners, security personnel, and other employees who provide services on the premises.

Lecker & Associates advises employees in Toronto to seek legal advice before accepting a severance package. Common law notice can be considerably greater than employment standards minimums. The appropriate amount will depend on the employee’s age, length of service, position, compensation, and the availability of comparable employment, among other considerations. Employees in Toronto who lose their jobs after a building services contract changes hands should obtain legal advice before signing a release or accepting a severance package.

The firm’s online severance calculator can provide a general estimate of potential entitlements, but every termination requires an assessment of the employee’s individual circumstances. Lecker & Associates represents employees in Toronto in wrongful dismissal, severance, workplace discrimination, constructive dismissal, and employment contract matters.

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