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May 5, 2021

By Kelsey Orth

ANALYZING THE 3 Rs (and an A) OF THE ENDING OF EMPLOYMENT: RESIGNATION, REPUDIATION, ‘RONGFUL DISMISSAL…AND ABANDONMENT

While not all employment relationships end as badly as the title of this article, they all, eventually, end.  Where the employer makes the cho...

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Apr 29, 2021

By Charles Binns

Deemed Infectious Disease Emergency Leave Not a Bar to Common Law Constructive Dismissal Claims in Ontario

In what may be the first of many COVID-19 related constructive dismissal claims in Ontario, the Superior Court of Justice determined that employees...

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Apr 14, 2021

By Arjun Dhir

Ontario Superior Court Awards 26 Months' Notice to Employee with "Exceptional Circumstances"

The plot surrounding the attempted elimination of the longstanding unofficial 24-month cap on reasonable notice continues to thicken. In recent yea...

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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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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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Dec 2, 2020

By Arjun Dhir

To Terminate for Cause, or Without Cause – That is the Question

A recent New Brunswick Court of Appeal decision underlined the significance of alleging cause at the time of the termination, not after. Facts The ...

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Nov 19, 2020

By Kelsey Orth

SHORT-TERM EMPLOYEE’S WRONGFUL DISMISSAL CLAIM FOR YEAR’S WORTH OF REASONABLE NOTICE DENIED

When it comes to termination of employment and wrongful dismissal, the case law in recent years has, to put it mildly, not generally favoured emplo...

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Sep 16, 2020

By Susan Crawford

Arbitrator Finds Employer’s Blanket Policy Requiring all Employees who Cross US Border to Self-Isolate Unreasonable

In a recent Ontario arbitration decision, Arbitrator Jesin considered the reasonableness of Algoma Steel’s policy to require all employees wh...

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Aug 20, 2020

By Susan Crawford

Recent Court of Appeal Decision Weighs In on Reasonable Notice Periods following an Asset Sale

In Manthadi v. ASCO Manufacturing the Ontario Court of Appeal overturned the lower court’s summary judgment decision finding that the motions...

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Apr 14, 2020

Tele/Video Hearings in Ontario during the COVID-19 Pandemic

The COVID-19 global pandemic has significantly changed how Ontario courts and administrative tribunals operate. In response to the pandemic, these ...

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Apr 2, 2020

By Cristina Tomaino

“Get to the Working Overtime Part!”: Ontario Court Rules against Employer in Class Action for Unpaid Overtime

After over a decade of litigation, an Ontario court has ruled that the Canadian Imperial Bank of Commerce (“CIBC”) breached its overtim...

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Feb 19, 2020

By Charles Binns

YOU DON’T HAVE TO GO HOME, BUT YOU CAN’T WORK HERE: DIVISIONAL COURT UPHOLDS LAYOFF OF EMPLOYEE WHO WAS BANNED FROM THIRD PARTY WORKSITE

Employment relationships can be difficult to manage on their own, but often become more complicated where they engage the interests of third partie...

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Feb 13, 2020

COURT FINDS EMPLOYER HAD CAUSE TO TERMINATE AN EMPLOYEE FOR SEXUALLY ASSAULTING A CO-WORKER

Last week Mike MacLellan blogged on a case where a unionized employee was terminated for sexually harassing another employee. This week we’re...

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Jan 29, 2020

By Kelsey Orth

MORE BAD MEDICINE FOR EMPLOYERS: DIVISIONAL COURT OVERTURNS DISIMISSAL OF DRUG-ADDICTED THIEVING NURSE

You may remember reading about the case of the nurse at Cambridge Memorial Hospital whose 28-year career was cut short when Arbitrator Dana Randall...

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Jan 15, 2020

FEDERAL COURT CLARIFIES THAT REINSTATEMENT IS NOT THE “STANDARD” REMEDY IN ALL UNJUST DISMISSAL CASES

As many of our readers are aware, adjudicators have an array of options under the Canada Labour Code (CLC) to remedy an unjust dismissal. Of these ...

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Oct 31, 2019

By Cristina Tomaino

Ontario Court of Appeal Clarifies Dependent Contractor Status

As our regular readers are likely well aware, the mischaracterization of workers has become a growing issue of concern for Canadian employers. The ...

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Sep 5, 2019

By Cristina Tomaino

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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