Updates

The Clock is Ticking on AODA Compliance

Subject:AODA - December 08, 2014

Private sector employers must file an Accessibility Report by December 31, 2014 pertaining to compliance with the...


Employer Failed to Trigger Employee’s Duty to Mitigate – Court of Appeal

Subject:Employment Law - October 30, 2014

The Court upheld a significant award of damages for constructive dismissal because the employer did not offer to...


Terra Firma No More: Supreme Court Changes the Ground Rules on Contracts

Subject:Employment Law - September 29, 2014

The recent Supreme Court decision in Sattva Capital Corp v Creston Moly Corp  signifies a major shift in the...


More Changes to the Temporary Foreign Worker Program

Subject:Immigration; temporary foreign workers - September 19, 2014

The Temporary Foreign Worker program continues to be under fire in the media, and the Government has released some...


How to Avoid Employer Liability under Canadian Anti-Spam Legislation (CASL)

Subject:Anti-Spam, Privacy - August 25, 2014

Canada's new anti-spam legislation (CASL) exposes new vulnerabilities for employers.


Going Global: Ontario Superior Court Grants Severance Pay Based on Non-Ontario Payroll

Subject:Employment Law, Employment Standards, Wrongful Dismissal - August 08, 2014

A recent French language decision from the Ontario Superior Court of Justice indicates that more employers could be...


Store Closing is not “Business as Usual”

Subject:Labour Relations, Collective Bargaining - July 03, 2014

The Supreme Court of Canada has ruled that Walmart violated the statutory freeze in Québec's labour...


Privacy Class Action Certified against Employer

Subject:class actions, privacy - June 27, 2014

Heightened vigilance is the order of the day.  In the wake of a recent decision of the Ontario Superior Court,...


Gloves Come Off: Sky High Damages in Human Rights Cases

Subject:Human Rights - June 05, 2014

Human Rights Tribunals across the country have been issuing damage awards which have raised the eyebrows of the...


Court of Appeal in Wal-Mart Case Scales Back Historic Punitive Damages Award

Subject:Wrongful Dismissal - May 26, 2014

Ontario's Court of Appeal has reduced the record $1Million punitive damages awarded at trial in Boucher v....


More Updates

HR Blog

Divisional Court Refuses to Hear Appeal of Certification in Evans v Bank of Nova Scotia

December 22, 2014

Ontario's Divisional Court has refused the Bank of Nova Scotia's application for leave to appeal the decision certifying a privacy class action to proceed.

Supreme Court Allows Employees to “Double-Up” on Pregnancy and Parental Benefits

December 08, 2014

The Supreme Court has ruled that birth mothers faced discrimination because they were forced to choose between benefits during parental leave and benefits for pregnancy leave.

Back to Basics: HRTO Follows Figliola and Refuses to Allow Relitigation of WSIB Claim

December 05, 2014

 A recent decision from the HRTO indicates that Figliola can still serve to protect the finality of a workers’ compensation tribunal decision

Restrictive Covenant a Factor in Lengthening Notice Period

November 27, 2014

A recent case out of British Columbia signals restrictive covenants may be a factor supporting extensions in common law notice periods for terminated employees.

British Columbia Court of Appeal puts a Price on Non-Competition Provisions

November 20, 2014

The British Columbia Court of Appeal recently endorsed a functional approach to the interpretation of restraint of trade clauses. This approach opens up the potential for many more clauses to be subject to strict judicial scrutiny, and in turn findings of invalidity. This decision runs contrary to the current approach in Ontario and could signal a change in the approach of the Canadian judiciary to this critical question.

Annual Employers' Conference

November 14, 2014

Thanks to all who attended our Annual Employers' Conference yesterday.

Failure to mitigate reduces damages in Human Rights claim

November 07, 2014

In the wake of the Divisional Court’s decision in the Hamilton-Wentworth District School Board v Fair, human rights damages have been a hot topic. As you may recall, the Human Rights Tribunal of Ontario awarded significant damages in that decision which included an award of back pay for a period of approximately 10 years. However, similar to wrongful dismissal litigation, applicants in human rights proceedings have a duty to mitigate their damages by showing that they have made reasonable efforts to seek out suitable alternative employment.

Outbreak? Ebola and Work Refusals by First Responders

October 31, 2014

Paramedics in Ontario and Québec have each challenged their respective employers' alleged failure to take reasonable precautions to protect them from exposure to ebola.  Somewhat surprisingly, the result was different in each province.

Class Action Employment Lawsuit Filed Against Canadian Hockey League

October 20, 2014

A freshly filed class action lawsuit combines two current trends in employment litigation: a crackdown on unpaid positions and enforcement by class action.

Internship Enforcement Update

October 08, 2014

 In the second quarter of 2014, the Ministry of Labour conducted an enforcement “blitz,” targeting companies in several sectors with intern programs to determine if those programs were being operated in a manner consistent with the Employment Standards Act. Out of 56 businesses in the GTA inspected during the blitz, 37 compliance orders were issued.

Tribunal fines Employers for Contraventions of the AODA

September 30, 2014

This summer, the License Appeal Tribunal, which has jurisdiction over the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”), released its first decisions pertaining to AODA compliance. Employers should be aware of their AODA obligations and upcoming deadlines to avoid noncompliance penalties.

If it Looks Like Theft and Quacks Like Theft…the Employer may Still pay

September 09, 2014

While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.

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