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Jan 26, 2012

New Test for Summary Judgment Developed in Recent Ontario Court of Appeal Decision

On December 5, 2011, the Ontario Court of Appeal (“OCA”) released its much-anticipated decision in Combined Air Mechanical Services Inc...

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Jan 20, 2012

Privacy Rights Expanded by the Ontario Court of Appeal – How the Decision Could Impact Ontario Workplaces

Earlier this week the Ontario Court of Appeal released its much-anticipated decision in Jones v. Tsige (“Jones”), recognizing, for the ...

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Jan 19, 2012

By Susan Crawford

2011 In Review – A Look Back at the Cases and Legislative Changes that Impacted Your Workplace

2011 saw a number of important decisions and legislative changes in the area of labour and employment law.    Over the course of the...

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Dec 8, 2011

What You Need to Know Before You Host Your Company Party

Hosting a holiday party for your employees is a great way to thank them for their hard work throughout the year. However, before you decide to make...

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Dec 1, 2011

By Susan Crawford

Investigation Reports Prepared by Lawyer Retained to Investigate Workplace Issues Alone do not Attract Solicitor Client Privilege

Unlike other professional relationships, communications between a solicitor and client made for the purpose of providing legal advice or to assist ...

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Nov 24, 2011

Recent Court Decisions Explore When it is Appropriate to Bring a Summary Judgment Motion in a Wrongful Dismissal Action

The decisions of Rutherford v. RBC Dominion Securities Inc., and Adjemian v. Brook Crompton North America highlight when it is appropriate to bring...

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Nov 10, 2011

By Kelsey Orth

Facebook Firings

At our recent CCP Labour and Employment Law Forum, the use of social media in the workplace was a real hot-button issue.  Indeed, with the per...

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Oct 20, 2011

By Susan Crawford

Single Incident of Workplace Misconduct Can be Just Cause for Dismissal

A progressive discipline approach is a common practice used by employers to correct negative behaviour. It is a system where disciplinary penalties...

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Oct 6, 2011

Employee Still Obligated to Mitigate Damages Even Where There is a Contractual Notice Period

Bowes v. Goss Power Products confirms that a written employment agreement with a defined notice period does not relieve a dismissed employee of the...

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Sep 29, 2011

By Kelsey Orth

Tax Court Recently Tackles the Employee vs. Independent Contractor Question

For employers across all industries, the question of whether someone is an employee or an independent contractor can have significant consequences....

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Aug 11, 2011

By Susan Crawford

Ontario Superior Court Provides Employers with Important Reminders Regarding Just Cause – Employer Ordered to Pay $25,000 Despite Proving Common Law “Just Cause” for Termination

A recent Ontario Superior Court of Justice decision provides employers with some reminders regarding the dismissal of employees for cause. The deci...

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Aug 4, 2011

By Susan Crawford

Wrongful Dismissal Damages Not the Only Risk in Failing to Provide Reasonable Notice of Termination-200K Awarded for Failure to Continue Disability Coverage

Employers often make a calculated gamble when dismissing employees with notice by providing only the employee’s Employment Standards Act (&ld...

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Jul 28, 2011

By Susan Crawford

Summary Judgment Ruling Emphasizes the Importance of Employment Contracts

The decision of McNeely v. Herbal Magic Inc. once again confirms that well drafted employment agreements are effective in minimizing potential dama...

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Jul 7, 2011

By Susan Crawford

Ontario’s Top Court Provides Clarity Regarding Notice Periods – Unskilled Worker Receives 22 Months’ Notice

A recent Ontario Court of Appeal decision provides some useful guidance for employers when dismissing non-union employees without cause. The decisi...

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Jun 23, 2011

By Susan Crawford

Can I have existing employees sign written employment agreements?

While no two employers are alike, there are common workplace issues that arise for which the CCP team provides strategic legal advice.  We hav...

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Jun 9, 2011

By Susan Crawford

Two Points from Ontario’s top court: 1) Short service does not mean short notice; and 2) Employment “ends” when active service ceases

A recent Ontario Court of Appeal decision provides a useful reminder to employers that short service does not necessarily mean short notice. In add...

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May 3, 2011

By Susan Crawford

Court of Appeal Overturns Lower Court Decision in Mason v. Chem-Trend Limited Partnership – A Step Back For Enforceable Restrictive Covenants

In The Employers’ Edge Bulletin December 2010, we provided a summary of  the Ontario Superior Court decision in Mason v. Chem-...

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Apr 19, 2011

By Susan Crawford

Recent Ontario Superior Court of Justice decision Signals Revival of Restrictive Covenants in Employment Contracts: Mason v. Chem-Trend Limited Partnership

As many employers are aware, restrictive covenants are difficult to enforce in Canada. This is the case because the courts view it to be contrary t...

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Apr 19, 2011

By Susan Crawford

Electronic Resources, Communications and an Employee’s Expectation of Privacy: What is Reasonable and How Much Can the Employer Control?

Employers provide their employees with all manner of tools to help them be productive and succeed.  Today, that can often include providing mo...

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