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Apr 7, 2021

By Cristina Tomaino

B.C. Human Rights Tribunal “Unmasks” Unsubstantiated Discrimination Allegations and Delivers Common-Sense Decision on Masking Policies

A very recent screening decision out of British Columbia provides some welcome reassurance to businesses attempting to enforce masking requirements...

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Apr 7, 2021

By Brandon Loehle

BREAKING COVID-19 NEWS: ONTARIO IMPLEMENTING ANOTHER STAY-AT-HOME-ORDER

The Ontario government is immediately declaring a third provincial emergency under s 7.0.1 (1) of the Emergency Management and Civil Protection Ac...

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Apr 1, 2021

By Cristina Tomaino

COVID-19 Shutdown: Ontario Implements a Province-wide Emergency Brake on Community Transmission

As we are all unfortunately well-aware, COVID-19 infection rates continue to rise and intensive care units across the province are, once again, tee...

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Mar 31, 2021

By Brandon Loehle

UBER’S FLEXIBLE WORK+ PROGRAM: INNOVATIVE IDEA OR DECEPTIVE DESIGN?

The saga between new-aged delivery drivers and their app-based governing bodies continues, now in the form of Uber’s new Flexible Work+ progr...

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Mar 25, 2021

By Charles Binns

SPRING CLEANING: NOW IS THE TIME TO TIDY UP YOUR CONTRACTS AND POLICIES

The warm weather is here and spring cleaning has begun. While most people think of dusting shelves, removing clutter and vacuuming the rug, we here...

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Mar 18, 2021

By Kelsey Orth

DESPERATELY SEEKING PROXY: COURT OF APPEAL DECISION MAKES PAY EQUITY MAINTENANCE AND CATCH-UP A LOOMING ISSUE

Ontario's Pay Equity Act aims to remedy systemic gender discrimination in terms of pay in predominantly female occupations. This is normally done b...

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Mar 11, 2021

By Mike MacLellan

What were you Expecting? Ontario Court Rules that Pregnancy of Terminated Employee Extended the Reasonable Notice Period

By now you’ve read enough of our blogs to commit the common law reasonable notice of termination “Bardal” factors to memory: char...

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Mar 4, 2021

By Arjun Dhir

Ontario Superior Court Offers Further Guidance on the Impact of COVID-19 on Reasonable Notice Entitlements

A recent Ontario Superior Court decision, acts as a successor to the earlier Yee v Hudson’s Bay Company, 2021 ONSC 387 decision that we wrote...

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Feb 24, 2021

By Cristina Tomaino

Ontario Court Sets Sky High Bar for Job Abandonment

Although uncommon, from time to time employers may find themselves dealing with job abandonment. As the very recent decision of Hettrick v Triple F...

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Feb 17, 2021

By Brandon Loehle

DISCRIMINATION AND RETALIATION: EMPLOYEE TERMINATED AFTER COMPLAINING ABOUT INAPPROPRIATE COMMENTS ON HER APPEARANCE

In The Sales Associate v. Aurora Biomed Inc. and others, 2021 BCHRT 5 the British Columbia Human Rights Tribunal ruled in favour of a Complainant w...

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Feb 11, 2021

By Kelsey Orth

Missed Opportunity For Clarity Around Termination Language: Supreme Court Declines To Hear Waksdale Appeal

Back in June of last year we wrote about an Ontario Court of Appeal decision that was, in a word, “troubling”, for employers: Waksdale ...

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Feb 8, 2021

By Arjun Dhir

BREAKING COVID-19 NEWS: ONTARIO TO GRADUALLY LIFT STAY-AT-HOME ORDERS ACROSS THE PROVINCE

Premier Doug Ford commenced his press conference this afternoon by declaring that, "Today we're seeing some sunlight break through the clouds.&rdqu...

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Feb 3, 2021
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New Tort of Harassment Recognized in Ontario Workplace Jurisprudence

Tort law – the law of civil (as opposed to criminal or contractual) wrongs and losses – rarely arises in a workplace context. It is eve...

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Jan 27, 2021

By Brandon Loehle

SHOULD TERMINATED EMPLOYEES RECEIVE LONGER REASONABLE NOTICE PERIODS DURING COVID-19?

In Yee v Hudson’s Bay Company, 2021 ONSC 387, an Ontario Court issued a ruling in what may seem like a very standard case of reasonable notic...

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Jan 21, 2021

By Arjun Dhir

Supreme Court of Canada Reiterates the Duty of Honesty in Contractual Dealings

A recent Supreme Court of Canada (the “Court”) decision reinforced the employer’s duty of good faith and honesty in all contractu...

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Jan 14, 2021

By Cristina Tomaino

Employee Reinstated After Flouting COVID-19 Guidelines

As employers continue to grapple with managing the risk of COVID-19 in the workplace, it is unsurprising that we are beginning to see arbitrators w...

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Jan 13, 2021

UPDATED - BREAKING COVID-19 NEWS: WHAT WE KNOW ABOUT THE NEW STAY AT HOME ORDER AND O. REG 11/21

In response to a doubling in COVID-19 cases over the past two weeks, the real and looming threat of the collapse of the province's hospital system ...

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Jan 6, 2021

By Brandon Loehle

2020 IN REVIEW: A LOOK BACK AT THE TOP CASES AND KEY LEGISLATIVE CHANGES THAT IMPACTED YOUR WORKPLACE

It may be modest to say that 2020 was an eventful year for employers with significant changes to workplace legislation both provincially and federa...

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Dec 24, 2020

By Brandon Loehle

IGNORING THE RULES DOESN’T FLY: AIRPORT EMPLOYEE’S TERMINATION FOR NOT FOLLOWING COVID-19 GUIDELINES UPHELD BY ARBITRATOR

A recent decision from Arbitrator Brian Keller in Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance), [2020] O.L.A.A. No. 162 de...

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Dec 21, 2020

By Charles Binns

BREAKING COVID-19 NEWS: ONTARIO ENTERING PROVINCE-WIDE LOCKDOWN STARTING BOXING DAY

Province-Wide Lockdown The much anticipated news of stricter lockdowns across Ontario has arrived. This afternoon Doug Ford announced that Ontario ...

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