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Apr 27, 2023

Silence Does Not Speak Louder than Words says Ontario Court of Appeal - Silence in the Face of a Temporary Layoff Does Not Equal Condonation

Recently the Ontario Court of Appeal (“ONCA”) determined that an employee’s silence does not equal a condonation to a temporary l...

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Apr 20, 2023

By Mike MacLellan

A Costly Lesson: Human Rights Tribunal Issues Large Damages Award Against Employer in Breach of Human Rights Code

In Matheus v McCann, the Human Rights Tribunal of Ontario heard an application alleging discrimination in employment on the bases of race, ancestry...

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Apr 13, 2023

The Working for Workers Act, 2023 - Coming Soon to a Workplace Near You

On March 20, 2023, the Ontario government announced the expansion of the Working for Workers Acts, 2021 and 2022  through Bill ...

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Mar 30, 2023

By Kelsey Orth

Don’t Make Promises You Can’t (Or More Accurately, Don’t Intend To) Keep Or It May Come Back To Bite You In The Bottom (Line)!

I recently spoke at a Lancaster House webinar on the topic of “good faith and honest performance” in the employment context, and the re...

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Mar 23, 2023

Arbitrator Reinstates Employee Dismissed For Just Cause For Not Providing Proof Of Vaccination

In Teamsters Canada Rail Conference v VIA Rail Canada Inc., 2023 CanLII 18498 (CA SA) the Company terminated an employee with 19 years of service f...

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Mar 16, 2023

Time for a Change in your Employment Contracts? What we can learn from the Ontario Court of Appeal’s recent decision on the “Changed Substratum” doctrine

Even when a case is generally not favourable to employers, it can serve as an important reminder to companies to review and update their employment...

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Mar 9, 2023

By Mike MacLellan

Ontario Court Upholds Dismissal where Employee Refused to Comply with Third Party Vaccine Mandate

We have been blogging a lot about how COVID-19 vaccine mandates have impacted workplace law, and now we can add one more context to our catalogue.&...

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Mar 2, 2023

GET READY: NALOXONE KITS MUST BE PROVIDED BY CERTAIN ONTARIO EMPLOYERS AS OF JUNE 1, 2023

With the rise of drug-overdose related deaths in Ontario, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has made a ...

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Feb 23, 2023

By Kelsey Orth

DRAFT POLICY RELEASED BY WSIB IN RELATION TO COMMUNICABLE DISEASES

There is no doubt that the COVID-19 Pandemic has had an enormous effect on not just individual employers, but on the very system of employment in C...

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Feb 16, 2023

Ontario Court Upholds For Cause Termination of Employee With 20 Years of Service

In Park v. Costco Wholesale Canada Ltd., 2023 ONSC 1013 the Ontario Superior Court of Justice upheld the employer’s for cause dismissal of an...

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Feb 9, 2023

Federal Court Finds Employees Who Refuse to Follow Vaccination Mandate Not Eligible for Employment Insurance

Recently, the Federal Court (the “Court”) released an encouraging decision for employers as they continue to deal with residual COVID-1...

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Feb 2, 2023

By Mike MacLellan

BC Employee Claims Wrongful Dismissal – Ends Up Paying Her Employer

In a rare and welcome example of common sense and justice, the British Columbia Civil Resolution Tribunal (“CRT”) has recently decided ...

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Jan 26, 2023

Another Canadian Appellate Court Rules CERB Payments Not to be Deducted from Wrongful Dismissal Damages

In a recent decision, the Alberta Court of Appeal declared that any CERB (Canadian Emergency Response Benefit) payments received by an employe...

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Jan 19, 2023

By Kelsey Orth

Ignore Workplace Complaints At Your Own Peril: Employer Pays Dearly For Supervisor’s Abuse in Constructive Dismissal Claim

We often use this space to highlight what employers should do.  However, this week’s blog is about as clear-cut an example of what not t...

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Jan 12, 2023

IDEL Regulation Not Applicable Where An Employee Was Laid Off Prior To May 29, 2020 And Resigns Within Reasonable Period Says SCC

In a recent Small Claims Court decision, Wilkinson v Pharma, 2022 CanLII 120475 (ON SCSM), the Court determined that the IDEL regulation did not ap...

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Jan 9, 2023

2022 In Review: A Look Back at The Top Cases and Key Legislative Changes That Impacted Your Workplace

2022 was a tumultuous year for employers as they continued to deal with lingering COVID-19 issues. Throughout the year, CCPartners has been there e...

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Dec 15, 2022

A Lesson on Discretion: Discretionary Bonuses Have to be Paid Fairly

A common form of compensation for integral members of an organization is the discretionary bonus.  In principle, an employer can exercise disc...

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Dec 13, 2022

Ontario Court of Appeal Affirms Lower Court Decision Not to Grant an Injunction On COVID-19 Vaccination Policy

Recently, the Ontario Court of Appeal (ONCA) released a unanimous decision (here) upholding a lower court’s refusal to grant an injunction ag...

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Dec 8, 2022

By Mike MacLellan

BREAKING: B.C. Court of Appeal Rules CERB NOT Deducted from Wrongful Dismissal Damages

For the first time, an appeals court in Canada has ruled on what had previously been an uncertain and controversial legal principle – whether...

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Dec 1, 2022

By Kelsey Orth

Bill 124 No More: Ontario Superior Court of Justice Strikes Down Act That Imposed 3-Year Moderation Period

Moderation in all things – a familiar idiom dating back millennia even, but one that Ontario’s Superior Court of Justice has decreed sh...

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