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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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By Mike MacLellan
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 ...
By Kelsey Orth
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 ...
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...
By Rob Boswell
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...
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...
Sullivan v. Four Seasons Hotel Limited, a motion before the Ontario Superior Court of Justice, dealt with the issue of appropriate jurisdiction for...
A summary judgment is a procedure used during civil litigation to promptly and expeditiously dispose of a case without a trial or the pre-trial pro...
Last week the Supreme Court of Canada delivered a ruling to clarify what has been an unsettled issue in employment law. In a wrongful termina...
After a winding ride through our court system the case of Pate v. Galway-Cavendish has most recently received attention from our Court of Appeal wh...
For the first time, the Ontario Superior Court of Justice has awarded human rights related damages in relation to a wrongful dismissal action. The ...
On June 27, 2013 we blogged about the Ontario Superior Court’s decision in Chevalier v. Active Tire & Auto Centre Inc., where the Court f...
Further to a recent blog by Michael MacLellan, the following case provides yet another important example of abiding by the terms of a negotiat...
One of the most useful tools in resolving any work-related legal dispute is a well-crafted settlement document. Naturally, an employer may be...
Yohann Johnson, an eight-year employee of General Motors of Canada Limited (“GM”) was a production supervisor in the body shop of GM&rs...
Since the Supreme Court’s decision in Evans v. Teamsters Local Union Local No. 31, the law of constructive dismissal in Canada has, in most c...
One element of unionized employment which distinguishes it from typical individual employment is that the normal remedy for a union member who is u...
In recent years the doctrine of constructive dismissal – a type of wrongful dismissal whereby the employee claims the employer has fundamenta...
In the recent decision of Hinke v. Thermal Energy International Inc., 2012 ONCA 635 (2012 ONCA 635 (CanLII)) Ontario’s Court of Appeal reiter...
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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