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10 Jun

Court reaches opposite conclusion on whether constructive dismissal claims are barred by Ontario COVID-19 Regulations

Thursday, June 10, 2021James R.G. CookLitigation, Employment Law, Employment Standards Act

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Employers may be relieved that in Taylor v. Hanley Hospitality Inc., 2021 ONSC 3135 [not yet on CanLII], a second judge of the Ontario Superior Court of Justice reached an opposite conclusion to an earlier decision involving...

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1 Jun

COVID-19 increases length of reasonable wrongful termination notice to 24 months

Tuesday, June 1, 2021Stephen A. ThieleLitigation, Employment LawWrongful Dismissal, Reasonable Notice, COVID-19, Wrongful Termination

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COVID-19 has had a devastating impact on our economy. Some businesses have gone bankrupt, while others have simply closed down forever. Many people have seen their work hours reduced, while others...

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29 Apr

Constructive dismissal claim resulting from temporary layoff not barred by Ontario COVID-19 Regulation

Thursday, April 29, 2021James R.G. CookLitigation, Employment LawEmployment Agreements, Employee, Employer, COVID-19, Constructive Dismissal , Employment Standards Act, 2000, Infectious Disease Emergency Leave (IDEL Regulation)

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In Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, Justice D.A. Broad of the Ontario Superior Court of Justice dismissed an employer’s motion for summary judgment which sought the dismissal of an employee’s action for constructive dismissal arising...

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28 Mar

Court dismisses non-competition injunction against former key employee

Sunday, March 28, 2021James R.G. CookLitigation, Employment LawEmployee, Employer, Contract Law, Restrictive Covenant, Non-Compete

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When relationships end between a business and an individual who was a principal thereof, the business may be understandably concerned about competitive ventures it may face from its...

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13 Jan

Ontario’s New Stay Home Order Effective January 14, 2021

Wednesday, January 13, 2021Soma Ray-EllisLitigation, Employment LawCOVID-19, Ontario, Child Care and Early Years Act, Emergency Management and Civil Protection Act

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The Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, has responded to the unsettling levels of mobility in the province and has declared a second provincial emergency under...

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8 Jan

Freelance Consultants Not Bound by Non-Competition Agreement

Friday, January 8, 2021James R.G. CookLitigation, Employment LawCivil Procedure, Trial Procedure, Non-Compete, Contract Law

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Freelance consultants may often be faced with a decision to enter into contracts which purport to limit their ability to seek out what might be construed as...

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11 Dec

Can your boss force you to take the COVID-19 vaccine?

Friday, December 11, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Employer, Employee, Employment Agreements, Ontario, Human Rights Code, Occupational Health and Safety Act

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If 2020 has felt like a horror movie, the COVID-19 vaccine is the highly anticipated final act. Now with the vaccine’s...

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29 Jun

In the Aftermath of Uber v Heller: Balancing Contractual Freedoms with Access to Justice

Monday, June 29, 2020John A. Campion, Jonathan James NehmetallahLitigation, Employment Law, Employment Standards ActSupreme Court of Canada, Uber, Employment Agreements

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On June 26, 2020, the Supreme Court of Canada released its decision on Uber Technologies Inc. v Heller regarding the enforceability of mandatory arbitration clauses in an employment agreement and whether that could...

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21 Apr

A COVID-19 lay off may not be termination

Tuesday, April 21, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Termination, Employment Agreements, Employee, Employer, Employment Standards Amendment Act, State of Emergency

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Canada lost a staggering million plus jobs in the month of March. The International Labour Organization has said based on current statistical information, 1.25 billion workers or 38% of the Global Workforce may face workplace displacement as a result of the COVID-19 pandemic. 

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8 Apr

Federal government announces significant change to Emergency Wage Subsidy

Wednesday, April 8, 2020Soma Ray-EllisLitigation, Employment LawCanada Emergency Wage Subsidy, Not-for-Profit/Charities, COVID-19

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On April 8, 2020, the federal government announced that it was making a significant change to the Canada Emergency Wage Subsidy program that it had previously announced on March 30, 2020.

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20 Mar

New Ontario Legislation To Protect Workers: COVID-19

Friday, March 20, 2020Soma Ray-EllisEmployment Law, Employment Standards Act, LitigationEmployment Agreements, Ontario, Safety, Wrongful Dismissal, COVID-19, Coronavirus, Infectious Diseases, Infectious Diseases Emergencies, Ontario Government, Bill 186

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On March 19, 2020, the Ontario Government introduced the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, which amends the Employment Standards Act, 2000, to protect the jobs of employees who...

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21 Mar

Need an Uber? Yes - to the Netherlands

Wednesday, March 21, 2018Scott GfellerLitigation, Employment Law, Employment Standards Act, Class ActionsUber, UberEats

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Uber is certainly no stranger to Canadian court rooms. In its latest tussle, a $400 million dollar proposed class action in Ontario by Uber “drivers” alleging they are employees of Uber and... 

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27 Sep

Recognizing Drug Addiction as a Ground for Discrimination under Human Rights Legislation – Stewart v. Elk Valley Coal Corp. 2017 SCC 30

Wednesday, September 27, 2017Chris JuniorLitigation, Employment Law, Human Rights LawWrongful Dismissal, Discrimination

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The Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. (2017 SCC 30) earlier this year, a landmark case concerning the current framework for determining discrimination in the workplace. The majority...

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26 Jul

Are Contracts for Probationary Employees Enforceable: The Ontario Court of Appeal in Nagribianko v. Select Wine Merchants Ltd.

Wednesday, July 26, 2017Stephanie ClarkLitigation, Employment Law, Employment Standards ActEmployment Agreements, Reasonable Notice, Ontario

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Employers often rely on a probationary period to determine whether a new employee is suitable for an employment position. If an employer determines that an employee is...

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5 Jul

Is Canada Day celebration controversy worth breach of contract claim?

Wednesday, July 5, 2017Stephen A. ThieleLitigation, Employment LawToronto, Toronto Politics, Termination, Ontario, Canada Day

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On July 1, 2017, Canada turned 150 years old. All across the nation, public and private organizers...

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14 Jun

Failure to comply with ESA minimums can be fatal…

Wednesday, June 14, 2017Bryan SkolnikLitigation, Employment LawEmployment Agreements, Termination

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At the time of an employee’s termination, the most crucial clause is typically that relating to the employee’s entitlement upon a...

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8 Mar

Pitfalls in Termination Clauses

Wednesday, March 8, 2017Employment Law, LitigationTermination, Reasonable Notice

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Employment contracts often contain termination rights of the parties. In particular  there is often a clause permitting the employer to terminate on a...

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24 Aug

Arbitration clauses in employment agreements: are they enforceable?

Wednesday, August 24, 2016Bryan SkolnikEmployment Law, LitigationArbitration, Employment Agreements, Sales Incentive Plan

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Many employment agreements contain clauses which require the parties to submit to arbitration or some other dispute resolution mechanism prior to or ...

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