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Dec 4, 2014

Employer Fails to Trigger Employee’s Duty to Mitigate

In Farwell v Citair Inc. (General Coach Canada) 2014 ONCA 177 the appellant, Citair Inc., argued that the trial judge made an error of mixed f...

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Nov 14, 2014

By Mike MacLellan

Commercial Contracts Include Implied Duty to Act in Good Faith says Canada’s Top Court

A seven justice panel of the Supreme Court of Canada released a unanimous decision that contract law implies a duty of good faith that require...

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Nov 6, 2014

“Common Employer” Doctrine Reaffirmed by Ontario Court

In King v 1416088 Ontario Ltd., 2014 ONSC 1445 the common law doctrine for “common employer” was reaffirmed by the Ontario Superio...

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Oct 2, 2014

By Mike MacLellan

Ontario Court to Determine How Retirement Plans Affect Notice Periods

The Ontario Superior Court of Justice has recently decided a motion in Kimball v. Windsor Raceway Inc. and decided that it will have to hold a...

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Sep 12, 2014

BC Court of Appeal Upholds Non-Compete Provision for Veterinarian Clinic

Courts across Canada have continuously debated whether professionals can use non-competition agreements to protect their practices, when hiring a j...

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Sep 4, 2014

Employers Can Contract Out of Post-Termination Bonus Obligations

One of the most hotly contested issues on termination is whether an employee is entitled to a bonus that would have been payable at a later date. O...

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Aug 14, 2014

A Risky Insistence: Why An Employer should exercise caution when including a Non-Compete Clause

Employers have the option of including a non-compete clause in an employment contract. The enforcement of this clause can provide an employer with ...

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Jul 31, 2014

By Mike MacLellan

Employer Cannot Expedite their Employee’s Resignation Without Proper Notice

By now we all know that an employer in Ontario can terminate any employee at any time without just cause, so long as the termination is not due to ...

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Jul 24, 2014

By Kelsey Orth

In Summary: Mitigation May Not Matter

Much was made in the legal community of the Supreme Court’s ruling on summary judgment that came out in January of this year.  We wrote ...

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Jul 17, 2014

Are Employers able to Deduct STD and LTD Benefits from Employee Common Law Notice Entitlements?

In a recent Ontario Superior Court decision, the court once again had to grapple with the question of whether an employer is entitled to deduct STD...

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Jun 17, 2014

By Rob Boswell

Ontario Superior Court: Employer’s Out-of-Province Payroll is Relevant to ESA Severance Pay Threshold

As a result of subsection 64(1) of the Ontario Employment Standards Act, 2000, certain circumstances of a dismissal trigger an obligation on the em...

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Jun 12, 2014

Wrongful Dismissal Notice Periods – Superior Courts do not set Precedents

In the recent decision, Kotecha v. Affinia Canada ULC, the Ontario Court of Appeal provided a useful reminder that trial level decisions are not bi...

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Jun 5, 2014

Supreme Court of Canada Decision in Irving Pulp and Paper Followed by Arbitration Board in Recent Policy Grievance

On June 14, 2013, CCP released a blog on the Supreme Court’s decision in the matter of Communications, Energy and Paper Union of Ca...

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May 29, 2014

By Rob Boswell

Ontario Court of Appeal: Wal-Mart Liable for the Bullying of an Employee by her Store Manager

Last week, the Ontario Court of Appeal issued its decision in the case of Meredith Boucher v. Wal-Mart Canada Corp and Jason Pinnock. We discu...

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May 22, 2014

Resignations in the Workplace – When Quitting isn’t Necessarily the End

The law with respect to determining the validity of a resignation in the workplace can seem as murky as the early summer waters of the lake at the ...

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May 1, 2014

Ontario Court of Appeal Upholds Termination for Cause for Long-Service Employee who was Driving while Drunk

Most employment lawyers would agree that proving just cause for a single, isolated incident for a long-service employee is an uphill battle that is...

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Apr 24, 2014

Without Cause Termination is not Necessarily ‘Unjust’ Under the Canada Labour Code

A recent decision has ruled that a valid employment contract can be used as a shield against a claim of unjust dismissal pursuant to the Canada Lab...

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Apr 10, 2014

By Kelsey Orth

Experienced Unionized Employee’s Just Cause Dismissal Upheld through Application of “Culminating Incident” Doctrine

A common question from employers, especially in the unionized context is: When do we have enough incidents of discipline on record for a repeat off...

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Apr 3, 2014

Ontario Superior Court finds Executive Resigned from BlackBerry Ltd. in Violation of his Employment Contract

BlackBerry Limited v. Marineau-Mes is a refreshing case for employers that wish to hold their employees to the terms in their employment agree...

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Mar 20, 2014

Fixed-Term Employment Contracts: Are They Worth the Risk?

Employers often hire employees pursuant to fixed-term contracts in order to avoid common law reasonable notice obligations and other perceived liab...

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