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Aug 22, 2019

By Jacob Love

Fighting Fire with Favour: accommodation efforts for pregnant firefighter did not discriminate on the basis of sex or family status

CCP Blog - EI Officer¹ÿ36C9s Ruling Prevents Misconduct Allegations in Unjust Dismissal Hearing (00365546).DOCX In Ajax (Town) v Ajax Pro...

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Aug 15, 2019

By Cristina Tomaino

EI Officer’s Ruling Prevents Misconduct Allegations in Unjust Dismissal Hearing

To HRTO - June 6,2 019 (00355280.DOCX;1) As many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent rul...

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Aug 8, 2019

By Kelsey Orth

Tie Goes To The Runner: Termination Language Almost Upheld, But Potential Ambiguous Interpretation Leads Court To Award Reasonable Notice

In this space, you have seen numerous articles reporting on the latest decisions interpreting contracts of employment: employees challenging anythi...

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Aug 1, 2019

By Jacob Love

I Take it Back! Ontario Court of Appeal Allows Employee to Withdraw Her Resignation

Facts In English v Manulife Financial Corporation, the Court of Appeal overturned the motion judge’s finding (previously blogged on by CCPart...

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Jul 25, 2019

By Angela Wiggins

You Can’t Always Get What You Want – HRTO Confirms that Accommodation does not have to be Employee’s Preferred Accommodation

Employers are well aware of the significant obligation imposed by the duty to accommodate under the Ontario Human Rights Code. In a recent decision...

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Jul 18, 2019

By Susan Crawford

A Deal May Still be a Deal: Ontario Court of Appeal Overturns Summary Judgment Decision that Severance Transaction was Unconscionable while Entitlement to LTD Benefits was a Live Issue.

In the recent decision Swampillai v. Royal & Sun Alliance Insurance Company of Canada the Court of Appeal was asked to consider the issue of co...

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Jul 11, 2019

By Mike MacLellan

The Only Thing Certain Was The Outcome: Human Rights Tribunal Finds Employer Discriminated Based On Family Status, But Does Not Apply Either Competing “Test”

Employers have a responsibility to accommodate employees’ family status obligations up to a point of undue hardship.  The Human Rights T...

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Jul 4, 2019

By Kelsey Orth

THE FRUSTRATION OF ACCOMMODATION GETS A BIT OF CLARITY: FRUSTRATION OF CONTRACT RESOLVED BY WAY OF SUMMARY JUDGMENT, EMPLOYER VINDICATED

A welcome decision for employers recently came to light as the Ontario Divisional Court in Katz et al. v. Clarke, 2019 ONSC 2188 ruled that frustra...

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Jun 27, 2019

By Angela Wiggins

Putting a Lid on It (Public Sector Wages that is) - What Bill 124 Means For Employers

The Ontario Government is currently on its summer recess, but just before taking the summer break Bill 124 was introduced on June 5, 2019. If Bill ...

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Jun 20, 2019

By Susan Crawford

Recent Ontario Court of Appeal Decision Reduces Notice Period but Preserves Bonus Entitlement

The issues of common law reasonable notice for long serving senior employees and bonus entitlement through that notice period can be thorny ones fo...

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Jun 13, 2019

By Mike MacLellan

Let’s Make a Deal…Unless the Law Won’t Allow It! Ontario Court of Appeal Reiterates that Employers Cannot Contract Out of the Employment Standards Act

Here are two things I want you to know before you even start reading this blog: Subsection 5(1) of Ontario’s Employment Standards Act (&ldqu...

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Jun 6, 2019

By Kelsey Orth

If You Don’t Have Anything Nice To Say About Your Employer, Don’t Say Anything At All… Especially If It Isn’t True!

We have all heard the story: the disgruntled former employee badmouthing the company he or she used to work for to anyone who will listen.  Ho...

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May 30, 2019

By Cristina Tomaino

Getting Off? Get Out! Arbitrator Upholds Just Cause Termination for Masturbating at Work

As our regular readers are likely well aware, unionized employers are held to a high threshold when asserting just cause termination. A recent deci...

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May 23, 2019

By Angela Wiggins

Recent Court of Appeal Decision Highlights The Risks of Re-Hiring Formerly Terminated Employees

Employers are increasingly aware of their obligations to investigate workplace sexual harassment and provide a workplace free of workplace sexual h...

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May 16, 2019

By Susan Crawford

Recent Divisional Court Ruling has Significant Implications for Public Sector Employers Using Proxy Method for Pay Equity Compliance

With smaller broader public sector employers like daycares and women’s shelters already facing declining government funding, a recent Court d...

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May 9, 2019

By Mike MacLellan

Purported Franchisor gets Taken to the Cleaners: Supreme Court of Canada Rules that Independent Contractor was In Fact an Employee

Once in a while I speak with a new client about their employment law obligations, and they inform me that they don’t have any employees. ...

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May 2, 2019

By Kelsey Orth

NOT EVERYONE WANTS THE LATEST TECHNOLOGY IN THEIR VEHICLE? TOO BAD, SAYS ARBITRATOR IN JUSTIFYING IN-CAB EMPLOYEE MONITORING SYSTEM

Today’s workplace has an interesting dynamic when it comes to technology and employees: while employees generally want access to all the tech...

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Apr 25, 2019

By Angela Wiggins

Tread Lightly: Employers are Reminded of Risks in Relying on Assumptions in Accommodation Cases

Employers are well aware of the duty to accommodate under the Ontario Human Rights Code (“OHRC”), and any employer who has been involve...

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Apr 18, 2019

By Cristina Tomaino

Employer’s Decision to Refuse Employment to Medicinal Marijuana User Upheld on Judicial Review

Canadian employers are increasingly required to balance their duty to maintain a safe working environment with the duty to accommodate the use of m...

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Apr 11, 2019

By Susan Crawford

Court of Appeal Confirms Employer Hardball Tactics Support $125K in Extraordinary Damages

Last June CCP blogged about the risks employers face when they bring suspect counter-claims and make allegations of just cause that they can’...

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