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Mar 22, 2018

Court rejects employee’s obligation to accept new employment with strings attached, awards 26 months’ notice

In a recent decision of the Ontario Superior Court of Justice, two plaintiffs were each awarded wrongful dismissal damages in the amount of 26 mont...

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Feb 8, 2018

“Mean” Employer Behaviour leads to $750,000 Damages Award

It may not measure up to damage awards you’ll find south of the border but a recent decision from the Ontario Superior Court of Justice has s...

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Dec 14, 2017

To the surprise of NO ONE, using Vulgarity against a Co-worker even one time, was one time too many

A recent decision by Alberta’s Court of Queen’s Bench has provided support for employers who act swiftly in terminating an employee who...

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Oct 26, 2017

Court Finds Expectation of Bonus Not Reasonable When Employee Not Actively Working

A properly drafted employment contract that determines an employee’s entitlements upon termination can reduce the likelihood of protracted li...

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Sep 7, 2017

The WSIB Discriminates Against Worker with Mental Health Issues

Affidavit of Service - KS - Feb. 20, 2014 (00063240.DOC;1) Affidavit of Service - KS - Feb. 20, 2014 (00063240.DOC;1) In a recent unique case bef...

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Jul 27, 2017

Treatment of sexually harassed employee grossly insensitive but Damages claimed were grossly excessive

To Ferraro - July 22, 2013 (00028655.DOCX;1) In the recent decision of Colistro v. Tybatel, 2017 ONSC 2731, the Ontario Superior Court of Justice p...

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Jun 22, 2017

Supreme Court Upholds Employee Termination and Substance Abuse Disclosure Policy

Employee drug use and on the job intoxication is one of the most difficult issues for employers to tackle, fraught with liability landmines.  ...

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Mar 30, 2017

Slow and Steady, Crown wasn’t Ready – OHSA Charges Stayed Due to Delay

In July of 2016 the Supreme Court of Canada revamped the framework around an accused person’s right to a speedy trial in the case R v. Jordan...

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Feb 16, 2017

To Assert Cause or to Not Assert Cause, Will Damages Flow?

Two recent Ontario decisions delved into the murky waters of when punitive or aggravated damages should be awarded in cases of wrongful dismissal. ...

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Jan 26, 2017

Bill 26 Creates New Training Requirements and Paid Leave for Employees that Experience Sexual/Domestic Violence

A new Bill is gaining momentum that, if passed, will require employers to keep up with new training requirements and establish a new paid leave for...

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Oct 6, 2016

The Family Status Debate Continues - Ontario Human Rights Tribunal Proposes New Test

The Ontario Human Rights Tribunal has crafted yet another plot twist in the evolving legal test for family status discrimination. Over the past few...

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Sep 29, 2016

Expectation of Privacy is Lost once Text Messages are Received

In 2012 the Supreme Court of Canada released the decision R. v. Cole that found employees have a reasonable expectation of privacy with respect to ...

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Aug 18, 2016

Sweeping New Requirements for Employers to Tackle Workplace Harassment and Sexual Harassment

On September 8, 2016 the Occupational Health and Safety Act (OHSA) will be amended to bolster an employers obligations with respect to harassment p...

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Jun 29, 2016

Court of Appeal Upholds Termination Clause without the Bells and Whistles

The Ontario Court of Appeal has written a very short but potentially impactful decision with respect to the drafting of enforceable termination pro...

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May 12, 2016

Employee Not Constructively Dismissed, Employer Ordered to Pay Damages

In many instances employers will litigate against the assumption of a power imbalance, an employee viewed as the party in need of protection. This ...

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Mar 3, 2016

Cumulative Breach of Ethics Upheld as Proper Dismissal for Cause

Asserting and establishing just cause when faced with an action of wrongful dismissal is a difficult and often unsuccessful avenue for employers. E...

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Feb 18, 2016

Avoiding the Word “Severance” Doesn’t Mean You Didn’t Receive it

A recent decision from the Court of Appeal for BC has exhibited some rarely seen leniency towards employers when drafting termination agreements. T...

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Jan 28, 2016

The ORPP: Wynne Promises 100 Years of Sustainability – Employers Brace for Century of Suffering

On August 13, 2015 we released a blog outlining the initial details of Premier Wynne’s plan to unveil the new Ontario Retirement Pension Pla...

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Nov 11, 2015

“It’s Never Okay” – Ontario’s Legislative Crackdown on Sexual Violence and Harassment Passes First Reading

In March of this year the Ontario government published a 40 page Action Plan to combat sexual violence and harassment in both our workplaces and co...

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Oct 8, 2015

AODA – New Deadlines are Fast Approaching, and so is a Compliance Audit

As most employers are already aware, the Accessibility for Ontarians with Disabilities Act (“AODA”) was passed in 2005 and br...

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