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


Time Published on November 20, 2014 User Stringer LLP Admin

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.

Tag restrictive covenants

Annual Employers' Conference


Time Published on November 14, 2014 User Stringer LLP Admin

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

Tag

Failure to mitigate reduces damages in Human Rights claim


Time Published on November 07, 2014 User Stringer LLP Admin

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.

Tag human rights

Outbreak? Ebola and Work Refusals by First Responders


Time Published on October 31, 2014 User Stringer LLP Admin

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.

Tag occupational health and safety

Class Action Employment Lawsuit Filed Against Canadian Hockey League


Time Published on October 20, 2014 User Stringer LLP Admin

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

Tag class actions,  employment law,  employment standards,  labour law,  workers compensation

Internship Enforcement Update


Time Published on October 08, 2014 User Stringer LLP Admin

 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.

Tag employment law,  employment standards

Tribunal fines Employers for Contraventions of the AODA


Time Published on September 30, 2014 User Stringer LLP Admin

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.

Tag accessibility for ontarians with disabilities act,  aoda

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


Time Published on September 09, 2014 User Stringer LLP Admin

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.

Tag employment law,  wrongful dismissal,  wrongful dismissal litigation

Bank of Nova Scotia Overtime Class-Action Settles Out of Court


Time Published on August 27, 2014 User Stringer LLP Admin

The recent settlement of this overtime class action lawsuit, and the complexity and scope of retroactive liability, highlights the folly in the head in the sand approach.

Tag class action,  employment law,  employment standards

Strong Safety Program Protects Constructor Despite Subcontractor’s Guilty Plea


Time Published on July 31, 2014 User Stringer LLP Admin

Constructors must have strong and meaningful safety programs in place to avoid Occupational Health and Safety violations and liability.

Tag occupational health and safety

What’s cause got to do with it?


Time Published on July 08, 2014 User Stringer LLP Admin

Employers: Feel reassured, outrageous misconduct is still cause for summary dismissal.

Tag employment law,  wrongful dismissal

Register Now for our Complimentary, Quarterly HR-Law Webinar


Time Published on July 07, 2014 User Stringer LLP Admin

Registration now open!

Tag human rights,  labour law,  privacy,  workers compensation

Supreme Court Finds Store Closure Violated the Statutory Freeze


Time Published on June 27, 2014 User Stringer LLP Admin

The Supreme Court of Canada has ruled that Walmart violated the statutory freeze in Québec's labour legislation when it closed a store following a successful organizing drive and failed negotiations.

Tag labour law,  labour relations

Deal or No Deal?


Time Published on June 26, 2014 User Stringer LLP Admin

A recent Human Rights Tribunal decision confirms the importance of securing agreement on all settlement terms.

Tag human rights

When is an Owner an Employee?


Time Published on June 24, 2014 User Stringer LLP Admin

When is an owner also an “employee”?  The Supreme Court of Canada recently rendered a decision on the question of whether a partner at a law firm could be an employee under human rights legislation.  The answer, perhaps not a surprise, is ‘it depends’…

Tag employment law,  human rights

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