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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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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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6 Apr

Top 10 Work Refusal Questions for Employers and Employees during the COVID-19 Pandemic

Monday, April 6, 2020Soma Ray-EllisLitigationCOVID-19, Workplace Safety and Insurance Board (WSIB), Employer, Employee, Employment Agreements, Employment Standards Amendment Act

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The global spread of COVID-19 has impacted employers and employees across the globe, and Canada is no exception. Soma Ray-Ellis, Chair – Employment and Labour Law Group has prepared the ten most relevant questions that employers and employees need to understand in this COVID-19 work reality we now find ourselves in.

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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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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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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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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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