CCPartners | Blog

By Susan Crawford

Ontario Court “Buries” Funeral Home’s 10 Year Fixed Term Contract – A Cautionary Tale for Employers

A recent Ontario Superior court decision serves as a stark reminder to employers that using fixed term contracts can lead to costly damages awards-...

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By Mike MacLellan

Take a Break: Court of Appeal Rules that Employee’s Rescinded Resignation Still Interrupted Length of Employment

The Ontario Court of Appeal has overturned a trial decision and found that when an employee resigned from employment, only to rescind the resignati...

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By Kelsey Orth

IMPORTANT: Employer Obligations in October 21 Federal Election

Many employers may be unaware that they have obligations to their employees in respect of the upcoming October 21, 2019 federal election, in terms ...

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You Get What You Give – Court Confirms it is appropriate to provide Part-Time Benefits when Accommodated Employee works in a Part-Time Position

By now most employers know (or should know) that accommodation is a difficult process to navigate. One of the challenges that employers must addres...

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By Susan Crawford

Yet Another Termination Clause “Bites the Dust” says the Ontario Court of Appeal – Where Do Employers Go From Here?

CCPartners has blogged on a number of court decisions over the last five years that have dealt with the enforceability of termination clauses, part...

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Canada Labour Code Amendments in Force September 1st

The Canada Labour Code is the employment and labour legislation that applies to federal works, undertakings, and businesses. While m...

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By Jacob Love

DUCK, EMPLOYEE OR INDEPENDENT CONTRACTOR: HOWEVER IT IS DESCRIBED, IT IS THE NATURE OF THE RELATIONSHIP AND NOT THE TITLE THAT MATTERS

The Ontario Superior Court’s decision in Marschall v Marel Contractors, 2019 ONSC 4692 serves as an important reminder for employers that sim...

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By Jacob Love

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

In Ajax (Town) v Ajax Professional Fire Fighters' Assn, Local 1092 (Badame Grievance), [2019] OLAA No 238  the grievor was a pregnant firefigh...

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

As many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent ruling under the Canada Labour Code (the &ld...

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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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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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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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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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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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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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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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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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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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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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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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