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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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Jul 12, 2012

Should Employers insist that Employees take time to think before accepting Termination Packages?

The Superior Court of Justice has recently raised the standard to which employers are held when providing departing employees with a termination pa...

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Jun 28, 2012

Court of Appeal Rules that Employees are NOT Required to Mitigate Damages when an Employment Agreement Provides for a Specified Notice Period

It is well established in Ontario that employment agreements are assumed to include a clause providing for reasonable notice to an employee prior t...

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May 24, 2012

Long-Term Employee’s Workplace Affair Amounts to Misconduct Serious Enough to Justify Dismissal

Employers are often faced with difficulty demonstrating sufficient justification amounting to cause for dismissal. However, in a recent case an emp...

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May 17, 2012

By Susan Crawford

The Value of “Refreshing” Employment Contracts Throughout the Employment Relationship

Most employers are well aware of the importance and value of employment contracts, particularly for the purpose of limiting the obligation to provi...

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May 10, 2012

Ontario Court of Appeal Upholds $20 Million Damage Award Against Former Employees Setting up Competitive Business

The Ontario Court of Appeal decision in GasTOPS Ltd. v. Forsyth and the trial decision that preceded it have found that “key employees”...

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May 3, 2012

By Mike MacLellan

Ontario Court Upholds Termination of Long-Service Employee for Serious Misconduct and Dishonesty

Employers have long grappled with the issue of how to properly discipline a long-service employee for an apparently isolated, but severe, incident ...

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Apr 5, 2012

Slapping Co-Worker not Just Cause Where Employer Does not Train Employees on Workplace Violence Policies

An Ontario judge recently found that an employee was not dismissed for cause after he struck a co-worker in violation of the employer’s workp...

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Mar 8, 2012

Divisional Court Confirms That Employment Contracts Can Be Frustrated Due To Illegality

On November 7, 2011, the Ontario Divisional Court considered the issue of whether an employer is able to argue frustration of contract when an empl...

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Mar 1, 2012

By Kelsey Orth

Court of Appeal Upholds 200k Damage Award for Failure to Continue Disability Coverage During Former Employee’s Assessed Notice Period

You may recall CCP reporting on a decision of the Superior Court of Justice last year that awarded a wrongfully dismissed employee compensation for...

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Feb 9, 2012

By Susan Crawford

Employees Cannot Quit in the Face of Inadequate Working Notice says BC Court of Appeal

In the absence of legal just cause for dismissal, or a written employment agreement with a specific termination provision, implied in every contrac...

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Jan 26, 2012

New Test for Summary Judgment Developed in Recent Ontario Court of Appeal Decision

On December 5, 2011, the Ontario Court of Appeal (“OCA”) released its much-anticipated decision in Combined Air Mechanical Services Inc...

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Jan 20, 2012

Privacy Rights Expanded by the Ontario Court of Appeal – How the Decision Could Impact Ontario Workplaces

Earlier this week the Ontario Court of Appeal released its much-anticipated decision in Jones v. Tsige (“Jones”), recognizing, for the ...

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Jan 19, 2012

By Susan Crawford

2011 In Review – A Look Back at the Cases and Legislative Changes that Impacted Your Workplace

2011 saw a number of important decisions and legislative changes in the area of labour and employment law.    Over the course of the...

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