Updates
How NOT to Draft an Enforceable Non-Competition Agreement - Jeremy Schwartz
Subject:Restrictive Covenants, Employment Law - March 20, 2013To be enforceable, non-competition agreements must, as a general rule, be reasonable and unambiguous in terms of...
New Developments in Immigration Law for Skilled Trades - Jessica Young
Subject:Immigration Law - March 08, 2013Employers should quickly take advantage of recent developments in the Federal Skilled Trades Program. A...
Court of Appeal Overturns Blue Mountain Accident Reporting Decision - Ryan Conlin
Subject:Occupational Health and Safety - February 08, 2013The Ontario Court of Appeal has overturned the Blue Mountain accident reporting decision.
Split Hairs and Sector Disputes - Jeff Murray & Jeremy Schwartz
Subject:construction labour relations - January 22, 2013A recent decision by the Ontario Labour Relations Board (“Board”) has just made these considerations...
Ontario as a “Right to Work†Province - Jeff Murray
Subject:Labour Law - December 20, 2012For years the term “Right to Work” state has been synonymous with jurisdictions in the American South,...
Proposed AODA Built Environment Standard for public spaces released for public consultation and review - Jessica Young & Jeremy Schwartz
Subject:AODA - August 23, 2012The Ontario Government has released a draft of the proposed Built Environment Standard provisions for public spaces....
Ontario's Court of Appeal Quashes Termination After Medical Note Received One Day Late - Jeremy Schwartz
Subject:Human Rights, Wrongful Dismissal - August 14, 2012The Ontario Court of Appeal (ONCA) has quashed an arbitration award which upheld a just cause termination. The...
Solving the “Self Serving†Medical Notes Puzzle - Allison Taylor
Subject:Solving the “Self Serving†Medical Notes Puzzle - July 06, 2012The decision of the Human Rights Tribunal of Ontario in Sean Carter v. Neurologic Rehabilitation Institute of...
Court Strikes Down Release Signed on Termination of Employment - Landon Young & Jeremy Schwartz
Subject:Employment Law - June 18, 2012A release of claims signed by an employee upon termination has been struck down by the Ontario Superior Court as...
Court of Appeal creates new Privacy Tort - Jessica Young
Subject:Privacy law - May 08, 2012Recently, the Ontario Court of Appeal recognized a new tort related to privacy rights, that is, “intrusion...
Avoiding Substantial OH&S Liability when Hiring Contractors
Subject:Occupational Health and Safety - February 24, 2012Hire a contractor and you may inadvertently face liability as a “constructor” under Ontario’s ...
Di Tomaso v. Crown Metal Packaging Canada LP: the Court of the Appeal opens the door (again) to longer notice periods for non-managerial employees - Allison Taylor
Subject:Employment Law, Wrongful Dismissal - February 17, 2012Employers can no longer assume that, regardless of their age and length of service, junior employees will always...
The End of Forum Shopping in Workers' Compensation Cases? - Ryan Conlin & Jeremy Schwartz
Subject:Human Rights and Workers' Compensation - January 27, 2012Putting Figliola in context: An in-depth analysis of this watershed Supreme Court of Canada decision and the...
HR Blog
Human Rights Tribunal Finds Discrimination in Request for Medical Information
A recent decision by the Human Rights Tribunal of Ontario highlights the importance of carefully managing the accommodation enquiry.
What does “Disability” Actually Mean for Accommodation Purposes?
A recent decision sheds light on when someone is "disabled" giving rise to the obligation to accommodate.
Court of Appeal Case Shows Risks of Gaps in WSIB Coverage of Executives
One recent case provides an example of the potentially devastating financial consequences to a business which opted out of WSIB coverage for executives and wrongly assumed its general liability insurer would cover them.
Specific Termination Provision Upheld After Sale of Business
A recent Ontario court decision highlights the value of written employment contracts.
Discipline Warranted for Work Refusal Complaint Not Made in Good Faith
An arbitrator recently determined that a suspension, but not a termination, was the appropriate level of discipline for an employee who initiated an OHS work refusal in bad faith.
Dealing effectively with OHS inspectors
The saga of the OHS prosecution of JR Contracting and other related defendants provides a glimpse into how not to deal with Ministry of Labour Inspectors.
AODA compliance: Benefits of Being Ahead of the Game
Meet your past and upcoming AODA compliance deadlines.
Responding to human rights harassment complaints: Guidelines from the HRTO
By comparing and contrasting the approach taken by two different employers in cases adjudicated before the Human Rights Tribunal of Ontario, we can derive best practices when responding to harassment complaints.
How NOT to Draft an Enforceable Non-Competition Agreement
In our most recent Update, read more about our recipe for ensuring your non-competition agreements are UN-enforceable.
So Your AODA Customer Service Standard Report is Past Due?
Many organizations received a notice in early December reminding them to file their Accessibility Report, required under the AODA, Customer Service Standard. Fail to report and you may face fines and compliance orders. Report failure and you may face fines and compliance orders.
Announcing our Complimentary Quarterly Roundup Webinar
We are pleased to announce the first of what will be a series of complimentary webinars providing a summary of HR law developments from the past quarter.
New Developments in Immigration Law for Skilled Trades
Employers should quickly take advantage of recent developments in the Federal Skilled Trades Program. A limited number of applications will be accepted each year.
New Employment Contract Term Triggers Constructive Dismissal
A recent decision of the Ontario Labour Relations Board, Sabbah v. University of Ottawa, demonstrates how mistakes in presenting new employment contracts to current employees can inadvertently trigger a constructive dismissal.
Registration Now Open - Managing the Employment Lifecycle Webinar Series
Registration is now open for this practical, five-part webinar series.
Where WSIB Benefits Denied Civil Claim May Proceed
Ontario's Superior Court of Justice has refused a motion to summarily dismiss an action as barred by the Workplace Safety and Insurance Act.
Alberta Human Rights Tribunal Awards Five Years of Back Pay and Reinstatement
In a decision that will surely draw attention across the country, the Alberta Human Rights Tribunal has awarded an employee 5 years of back pay, $15,000 in general damages and reinstatement as result of a finding of age discrimination.
Stringer LLP Obtains $100K Retroactive NEER Adjustment in WSIAT Appeal
Ryan Conlin and Jeremy Schwartz of our firm have successfully appealed the WSIB’s refusal to retroactively refund nearly $100,000 in surcharges.
Ontario Court of Appeal Overturns Blue Mountain Accident Reporting Decision
Ontario's Court of Appeal has overturned the Blue Mountain accident reporting decision.
Make Sure Pre-Employment Screening is Complete Before they Start
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Hussey v. Big Brothers Big Sisters of Peterborough Incorporated (“BBBS”), is a reminder of the importance of ensuring that any pre-employment screening is complete before an employee starts work. Although the employer in this case was ultimately cleared of any human rights violations, it cannot recover the significant time and expense invested to defend the application.
Split Hairs and Sector Disputes
A recent decision by the Ontario Labour Relations Board has just made these considerations more treacherous and the process of costing innovative construction projects more difficult.
Early Bird Registration is now open for First Reference's Ontario Employment Law Conference
Please join us at First Reference's 13th Annual Ontario Employment Law Conference.
Early Morning OLRB Ruling Finds Teachers' Planned Day of Protest an Illegal Strike
Most of us are well aware that at about 4 a.m. this morning, the Ontario Labour Relations Board (OLRB) ruled that the Elementary Teachers Federation of Ontario’s planned, so called, political day of protest would constitute an illegal strike.
Court of Appeal Protects Manager from Personal Liability on Employee Termination
A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision, Richards v. Media Experts M.H.S. Inc., the Ontario Court of Appeal held that a terminated employee could not sue her boss personally for intentional infliction of nervous shock following the termination of her employment.
