Blog
Blog
New Pay Equity Regulations come into effect September 3, 2024 for Federally Regulated Employers
Friday, August 23, 2024Saisha MahilLitigation, Employment LawPay Equity Act
The Pay Equity Act, S.C. 2018, c. 27, s.416 (the “Act”) received Royal Assent on December 13, 2018, and came into force on August 31, 2021. Under the...
Read the full post, click here.
Employment letter not subject to six-week notice deadline for defamation actions (Wurdell v. Paramount Safety Consulting Inc.)
Monday, February 5, 2024James R.G. CookLitigation, Employment Lawlibel, slander, Wrongful Dismissal, Defamation
The Divisional Court of the Ontario Superior Court of Justice affirmed that an otherwise private letter may be...
Read the full post, click here.
Fixed-term contracts and the duty to mitigate (Monterosso v. Metro Freightliner Hamilton Inc.)
Monday, December 4, 2023Saisha MahilLitigation, Employment LawEmployer, Employment Standards Act, 2000, Termination, Employment Agreements, Employee
Employers often mistakenly believe that they are better protected by choosing fixed-term (temporary) employment arrangements instead of...
Read the full post, click here.
Examining former NHL player Kyle Beach’s sexual abuse lawsuit from a Canadian Employment law perspective
Thursday, October 28, 2021Soma Ray-EllisLitigation, Employment LawOccupational Health and Safety Act, Ontario Human Rights Code
On Wednesday, former Chicago Blackhawks forward Kyle Beach came forward and identified himself as ‘John Doe’, the individual who filed a lawsuit against the NHL team over how...
Read the full post, click here.
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
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...
Read the full post, click here.
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
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...
Read the full post, click here.
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)
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...
Read the full post, click here.
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
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...
Read the full post, click here.
Ontario’s New Stay Home Order Effective January 14, 2021
Wednesday, January 13, 2021Soma Ray-EllisLitigation, Employment LawCOVID-19, Ontario, Emergency Management and Civil Protection Act, Child Care and Early Years Act
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...
Read the full post, click here.
Freelance Consultants Not Bound by Non-Competition Agreement
Friday, January 8, 2021James R.G. CookLitigation, Employment LawCivil Procedure, Trial Procedure, Non-Compete, Contract Law
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...
Read the full post, click here.
Can your boss force you to take the COVID-19 vaccine?
Friday, December 11, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Employee, Employment Agreements, Ontario, Human Rights Code, Occupational Health and Safety Act
If 2020 has felt like a horror movie, the COVID-19 vaccine is the highly anticipated final act. Now with the vaccine’s...
Read the full post, click here.
In the Aftermath of Uber v Heller: Balancing Contractual Freedoms with Access to Justice
Monday, June 29, 2020John A. CampionLitigation, Employment Law, Employment Standards ActSupreme Court of Canada, Uber, Employment Agreements
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...
Read the full post, click here.
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
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.
Read the full post, click here.
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
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.
Read the full post, click here.
New Ontario Legislation To Protect Workers: COVID-19
Friday, March 20, 2020Soma Ray-EllisEmployment Law, Employment Standards Act, LitigationEmployment Agreements, Wrongful Dismissal, Ontario, Safety, Infectious Diseases Emergencies, Infectious Diseases, Bill 186, Ontario Government, Coronavirus, COVID-19
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...
Read the full post, click here.
Need an Uber? Yes - to the Netherlands
Wednesday, March 21, 2018Scott GfellerLitigation, Employment Law, Employment Standards Act, Class ActionsUber, UberEats
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...
Read the full post, click here.
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
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...
Read the full post, click here.
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
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...
Read the full post, click here.
Is Canada Day celebration controversy worth breach of contract claim?
Wednesday, July 5, 2017Stephen A. ThieleLitigation, Employment LawToronto, Toronto Politics, Termination, Ontario, Canada Day
On July 1, 2017, Canada turned 150 years old. All across the nation, public and private organizers...
Read the full post, click here.
Pitfalls in Termination Clauses
Wednesday, March 8, 2017Employment Law, LitigationTermination, Reasonable Notice
Employment contracts often contain termination rights of the parties. In particular there is often a clause permitting the employer to terminate on a...
Read the full post, click here.