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Apr 11, 2013

Employers may be Required to Endure Reasonable Delay due to Picketing when Entering and Exiting their Property

The Ontario Superior Court of Justice recently held that when it comes to picketing-induced delays, “some inconvenience to the employer is pe...

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Apr 4, 2013

By Kelsey Orth

Written Notice of Termination for Employees off Work still Satisfies ESA Requirements

A recent decision of Arbitrator Randy Levinson found that the Employment Standards Act, 2000 (“ESA”) does not require an employer to pa...

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Mar 27, 2013

By Mike MacLellan

Ontario Court of Appeal Upholds Summary Judgment Motion to Stay Payment of Wrongful Dismissal Damages

In the recent decision of Hinke v. Thermal Energy International Inc., 2012 ONCA 635 (2012 ONCA 635 (CanLII)) Ontario’s Court of Appeal reiter...

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Mar 14, 2013

Court of Appeal Provides Direction on the Enforceability of Restrictive Covenants

In a recent decision, the Ontario Court of Appeal held that non-competition and non-solicitation covenants were unreasonable and went beyond the sc...

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Mar 7, 2013

Employee’s Facebook Updates Breach Confidential Minutes of Settlement

Tremblay v. 1168531 Ontario Inc. is yet another example of an employee paying the price for foolish use of social media. Facts The employee reached...

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Feb 28, 2013

By Susan Crawford

Serious Safety Violation Not Enough to Justify Just Cause Dismissal Says Ontario Court of Appeal

Mr. Plester, a supervisor with 17 years’ service at PolyOne Canada Inc., committed a serious safety infraction by not locking out a machine h...

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Feb 14, 2013

Pension Fund Crisis in Canada Averted? Supreme Court of Canada Releases Decision in Indalex

Sun Indalex Finance, LLC v. United Steelworkers represents the most recent example of the growing number of clashes over pension security, the resu...

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Jan 24, 2013

Employees Cannot Make Personal Claims Against Management where Employment Contract Precludes any Claims other than Negotiated Contractual Notice Periods

A limitation of liability clause in an employment agreement may protect an employee from personal liability even though the employee is not a party...

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Jan 3, 2013

Ontario Court determines that plain meaning of Contractual Language is best indicator of Parties' Intentions

The Ontario Superior Court of Justice recently confirmed that the plain meaning of language in employment contracts will likely be relied on by the...

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Dec 6, 2012

By Mike MacLellan

Rarely-Used Penalty Invoked to Land Company Director in Jail for Unpaid Wages

If the Ministry of Labour gives you an Order, you had better comply. That’s the message employers should be taking from the example of Steven...

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Nov 22, 2012

By Kelsey Orth

Tips for your Office Holiday Party

How to Avoid Receiving your "Season's Greetings" on Legal Paper Everyone loves the office holiday party – a chance to relax and share some ti...

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Nov 15, 2012

By Mike MacLellan

Reasonable Requests for Medical Information NOT Harassment says Ontario Human Rights Tribunal

Accommodating an employee with medical limitations can be a difficult proposition for employers.  On one hand, an employer has a legal obligat...

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Nov 8, 2012

By Susan Crawford

Court Upholds Dismissal of Long Service Employee who Falsified Health Care Benefit Claims

The recent decision in Mykki Cavic v. Costco Wholesale Canada Limited confirms that serious breaches of trust, despite long service, will justify t...

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Oct 19, 2012

Supreme Court of Canada Finds Reasonable Expectation of Privacy for Employees on Employer-Issued Technology

In our April 19, 2011 blog we addressed the Ontario Court of Appeal’s decision in R. v. Cole, a decision which provided some guidelines to em...

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Oct 18, 2012

UPDATE: Walmart Appeals (Ontario Jury Awards Constructively Dismissed Employee $1.15 Million in Punitive Damages)

In a recent post ,we reported on the largest punitive damages award ever handed down by a jury in Canadian employment law history in Higginson v. B...

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Sep 27, 2012

By Mike MacLellan

Employer’s Unilateral Change to Bonus Structure can result in Wrongful Dismissal

It should be plain and obvious that an employer has the right to manage its business as it sees fit. That includes managing its employees as it se...

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Sep 13, 2012

By Kelsey Orth

Negative influence leads to liability: Employer liable for LTD decision of insurer

We have previously written about the dangers of mishandling employee benefits in termination situations [view BLOG].  However, a rec...

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Aug 16, 2012

By Mike MacLellan

Getting Hung-Up on driving with Hand-Held Mobile Devices - Recent Court decision sheds light on when an offence is committed

On June 20, 2012 the Ontario Court of Justice rendered a decision that now defines what constitutes an offence under section 78.1 of Ontario’...

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Aug 2, 2012

BC Jury hands down largest ever Punitive Damages Award in Canadian Employment History

????A British Columbia jury has awarded a former 34 year employee over $800,000 in damages for wrongful dismissal damages.  Included in this a...

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Jul 19, 2012

Divisional Court Clarifies Employer Responsibilities under the Pay Equity Act and Tribunal’s Jurisdictional Limitations in Applying the Human Rights Code

The Divisional Court has released the much anticipated decision of Canadian Union of Public Employees (“CUPE”), Local 1999 v. Lakeridge...

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