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Oct 18, 2018

By Mike MacLellan

Leave it Alone: Ontario Court Dismisses Three Claims by Employee in Respect of her Maternity Leave

The Ontario Superior Court of Justice has recently released a decision in which it rejected an employee’s claim that her employer breached it...

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Oct 11, 2018

By Kelsey Orth

There is No “OT” in NOTICE – Court of Appeal agrees with Motions Judge that Employees not Expected to Look for Work in Their Sleep when Working Notice Provided

As you may know, the Employment Standards Act, 2000 (“ESA”) has specific provisions governing an employee’s minimum entitlements ...

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Oct 5, 2018

By Karen Fields

18 Month Jail Term for Workplace Fatality – Not the First of Its Kind

In April 2012 a worker working for Fournier Excavation, in Quebec, was buried alive when the walls of the unsupported trench he was working in coll...

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Oct 4, 2018

By Kelsey Orth

Good News For Employers (May Be On The Way)!

As rare as the use of that headline may be, we are cautiously optimistic that Premier Ford’s announcement yesterday that “Bill 148 will...

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Sep 27, 2018

By Cristina Tomaino

Be Careful What You Wish For: Ontario Court Holds that an Employee Cannot Rescind a Clear and Voluntary Notice of Resignation

In English v Manulife Financial Corporation, the Ontario Superior Court of Justice considered whether an employee who has voluntarily resigned may ...

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Sep 20, 2018

By Angela Wiggins

Time to Catch Up for Federal Employers! Canada introduces Federal Accessibility Legislation

Here in Ontario, most employers are not strangers to the requirements of accessibility legislation; but, for some time federally regulated employer...

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Sep 13, 2018

By Susan Crawford

“Frustration” for Employees but Good News for Employers in Recent Ontario Court Decision

In a recent lower court decision in Ontario, the issue of frustration of contract was revisited.  In the employment law context, a frustration...

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Sep 6, 2018

By Mike MacLellan

That’s Great! Arbitrator decides that new PEL provisions do not apply in light of “Greater Right or Benefit”.

In 2018 the former Liberal provincial government passed Bill-148 into law, changing an array of legislation on which workplaces were run.  One...

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Aug 30, 2018

By Cristina Tomaino

Dismissed Employee Failed to Mitigate Damages by Choosing Retraining Over Re-Employment

In the recent case of Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice held that an employee had failed to reasonably mitigat...

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Aug 23, 2018

By Karen Fields

Ouch – Piercing the Corporate Veil to Find Personal Liability in Regulatory Offence

“Piercing the corporate veil” is the judicial act of imposing personal liability on otherwise immune corporate officers, directors, and...

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Aug 16, 2018

By Angela Wiggins

The Dangers of Sharing: Court determines that Facebook posts and messages do not have an objective reasonable expectation of privacy

Balancing an employee’s privacy rights with the employer’s ability to manage the workplace is an ongoing debate and continues to beco...

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Aug 9, 2018

By Mike MacLellan

No Need to Get Testy: Court of Appeal for Newfoundland and Labrador Reinstates Employee after Improper Employer Drug-Testing

The Court of Appeal of Newfoundland and Labrador recently denied an employer’s appeal from a grievance arbitration decision holding that it w...

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Aug 2, 2018

By Cristina Tomaino

Tribunal Cautions Employers Against “Citizenship” Discrimination in Hiring

A recent interim decision from the Human Rights Tribunal of Ontario (the “Tribunal”) is an important caution for employers who distingu...

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Jul 26, 2018

By Kelsey Orth

SOMETIMES A FULL AND FINAL RELEASE IS JUST THAT: MANITOBA HUMAN RIGHTS COMMISSION DENIES COMPLAINT ON BASIS OF SIGNED RELEASE

You have read in this space about recent cases where the language and enforceability of an executed Release has been called into question, includin...

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Jul 19, 2018

By Cristina Tomaino

“I shouldn’t be telling you this, but…” – BC Judge Finds that Breaches of Confidentiality can Give Rise to Just Cause Dismissal

In a recent decision, the British Colombia Supreme Court upheld the dismissal of a long-service employee following a series of confidentiality brea...

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Jul 12, 2018

Arbitrator holds that Floater Days are not a Greater Right or Benefit in light of new PEL Rules

A recent labour arbitration decision has determined that the three paid floater days provided in a collective agreement did not constitute a greate...

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Jul 5, 2018

By Angela Wiggins

Relief is Coming! New PC Government Announces Indefinite Delay to the Smoke- Free Ontario Act, 2017

Leading up to Canada Day, 2018 employers should have been preparing and reviewing their workplace policies to ensure that they would be in complian...

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Jun 28, 2018

Good News for Employers as Court of Appeal Chastises Lower Court for Finding Ambiguity in Termination Clause Where None Existed

As we know, the Ontario Court of Appeal released a decision in 2016, Oudin v. Centre Francophone de Toronto, where a termination provisio...

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Jun 21, 2018

By Susan Crawford

What’s Old is New Again - Changes to Holiday Pay Calculation in Ontario for Canada Day and Beyond

In what would turn out to be the Liberal Government’s swan song, and amid widespread criticism from the business community, the controversial...

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Jun 15, 2018

By Kelsey Orth

Random Drug Testing, A Suncor Update: Common Sense Prevails (For Now) As Supreme Court Of Canada Denies Unifor’s Application For Leave To Appeal

You may recall that on October 19, 2017 we reported on the Alberta Court of Appeal’s decision in Suncor Energy Inc. and Unifor Local 707A (&l...

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