DNF: Waiver Fails to Protect Self-Insured Employer from Injured Employee’s Court Action


Time Published on February 08, 2016 User Stringer LLP Admin

The Workplace Safety and Insurance Act regime is predicated on the categorization of employers within its scheme.  Some employers do not need to be insured at all.  If they choose not to be insured the Act gives their employees the right to bring a civil case against them for injuries suffered in the course of employment.  A recent Ontario Court of Appeal decision clarified the law surrounding the eligibility of employees to make such a claim.

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New Limits on Criminal Records Checks


Time Published on February 03, 2016 User Stringer LLP Admin

The Ontario Government has passed legislation which imposes new restrictions on criminal record checks. All employers that rely on such checks should take note.

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Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice


Time Published on January 28, 2016 User Stringer LLP Admin

Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship.  In recognition of this, the Employment Standards Act provides for a three-month period in which no minimum notice is required for termination.  However, in some professions this period may not be sufficient for the parties to properly assess a new employee’s suitability for a position.

Tag employment law,  wrongful dismissal

Ryan Conlin Speaks to the National Post re Metron


Time Published on January 13, 2016 User Stringer LLP Admin

Ryan Conlin comments to the National Post regarding the recent Metron sentencing decision.

Tag occupational health and safety

Judge Imposes Jail Time on Metron Construction Site Supervisor


Time Published on January 13, 2016 User Stringer LLP Admin

Those involved with occupational health and safety law have followed with interest the ongoing saga of Metron Construction. This sad story began with the collapse of a hanging swing stage at a western Toronto apartment building, resulting in the deaths of four workers and serious injuries to another. Various prosecutions under the Occupational Health and Safety Act and the Criminal Code have resulted in the imposition of over $1.5 million in fines and surcharges on the various corporations and individuals involved in the accident.

Tag occupational health and safety

Jumping to Conclusions Proves Costly for Employer


Time Published on January 08, 2016 User Stringer LLP Admin

A recent decision from the Ontario Superior Court is a reminder to employers that dismissal for just cause must be based on solid ground. Relying on vague acts of misconduct will not suffice, and policies must be properly implemented and consistently enforced.

Tag employment law,  wrongful dismissal

Reduce, Reconsider, Restore: Court of Appeal Strikes Down Reduction of Notice Period Due to Economic Circumstances of Employer


Time Published on December 15, 2015 User Stringer LLP Admin

Notwithstanding the best wishes of employers, there are times when employees have to be let go for purely financial reasons. In particularly dire circumstances, these dismissals can often be an important part of cost cutting to ensure that a company remains a viable ongoing concern. However, a recent matter heard by the Ontario Court of Appeal clarified that an employer’s financial circumstances do not alter the reasonable notice to which an employee is due.

Tag employment law,  wrongful dismissal

Ontario Government Ramps Up AODA Enforcement - Is Your Organization Compliant?


Time Published on November 30, 2015 User Stringer LLP Admin

The Ontario Government announced an audit blitz this fall pertaining to compliance with the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The blitz, which runs from October through to the end of December, is targeting large retailers with 500 or more employees.

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Turning of the Tides? Record Setting Human Rights Damage Award Overturned in British Columbia


Time Published on October 20, 2015 User Stringer LLP Admin

Over the past few years, we have seen a number of cases in Canada where human rights tribunals have awarded record setting damage awards. In many of these cases, the damages have greatly exceeded what a Court would be prepared to award in a wrongful dismissal case. A recent judicial review decision out of British Columbia, University of British Columbia v. Kelly, has set aside one such damage award.

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Dial “D” for Dismissal: Employee Fired after “Pocket-Dial”


Time Published on October 15, 2015 User Stringer LLP Admin

Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a phone when it is in a person’s pocket. In a recent decision from Alberta, an employee’s pocket-dial revealed that he was performing work for his own personal business on company time, leading to his dismissal for cause.

Tag employment law

New OLRB Rules Make Responding to Construction Industry Applications for Certification Even More Difficult


Time Published on September 17, 2015 User Stringer LLP Admin

A small change to the Ontario Labour Relations Board's response form may have a significant impact on employers' ability to respond accurately in an already brief response window.

Tag construction labour law,  labour law

Court Precludes Terminated Employee from Relying on Employer’s Apology


Time Published on September 17, 2015 User Stringer LLP Admin

A recent decision from the Ontario Superior Court of Justice demonstrates the little known "Apology Act" may apply in straightforward or perhaps interesting ways in employment law.

Tag employment law,  employment litigation,  labour law

Court finds Abandonment for Failure to Return to Work or Provide Medical


Time Published on September 09, 2015 User Stringer LLP Admin

Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from work due to their medical condition. Where an employer provides disability benefits, the employee will be required to show that they meet the definition of disability under the insurance policy, which will require the disclosure of medical information. A recent decision from the Ontario Superior Court addresses the issue of when an employee is considered to have abandoned their employment where they fail to comply with requests for medical information and also refuse to return to work.

Tag employment law

What Employers Need to Know about Opinions from Non-Doctor Health and Medical Professionals


Time Published on August 31, 2015 User Stringer LLP Admin

The recent admission of a large number of new health professions to those recognized in the Ontario Regulated Health Professions Act, which governs who can provide medical services in Ontario, raises fresh questions for employers as to what they should do with medical documentation from health care or medical practitioners who are not traditional doctors

Tag employment law

Ontario Superior Court takes “Trust” Approach to Mitigation at Summary Judgment


Time Published on August 06, 2015 User Stringer LLP Admin

Summary judgment has increasingly become a process used to litigate wrongful dismissal actions. It can be attractive as it allows the parties to avoid going through a more costly and time-consuming trial. However, the efficiency of this process raises other issues. Because parties can bring a summary judgment motion early on in the proceedings, a decision may be rendered prior to the expiry of the reasonable notice period at common law. This raises the question as to how to deal with the issue of mitigation.

Tag employment law,  wrongful dismissal

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