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Divisional Court Quashes WSIAT Stress Decision and Allows Constructive Dismissal Case to Proceed
By: Ryan J. Conlin and Jeremy D. Schwartz Historically, workers’ compensation law placed a highly restrictive definition on traumatic mental…
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Termination Clauses: A Cautionary Tale
Anyone involved in the human resources side of management will be familiar with the concept of notice periods for terminated…
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CERB is over – Now What?
By: Jeremy Schwartz and Daniel Gaspar On October 2, 2020, Federal Bill C-4, An Act relating to certain measures in response…
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When does a change in hours of work constitute a constructive dismissal?
In Dechene v. Dr. Khurrum Ashraf Dentistry, an employee who had been employed by a verbal agreement was provided with a…
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Court Rules no Class Action for Constructive Dismissal
The Ontario Superior Court of Justice has refused to permit a group of former Allstate Insurance employees to sue Allstate…
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Court of Appeal Gives Mark-Fabricating Teacher an “F”
When is a single, serious instance of misconduct just cause for termination, particularly for a long-service employee? In Fernandes v. Peel…
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Fail to Plan? Plan to Fail. Pandemic Planning and Response for HR
The World Health Organization has declared COVID-19 a global pandemic. Not since H1N1 and SARS before that, have employers faced…
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Short Service Employee gets Four Months’ Pay in Lieu of Reasonable Notice
The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less…
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Shifting Sands: Ontario Court of Appeal Upholds Termination Clause
Employers, ever-weary of the next judicial pronouncement on the enforceability of specific termination clauses in employment contracts, may mark a…
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201701 Quarterly HR Law Webinar 01: Use of Discipline Records for Just Cause
Frank discusses how to best ensure you may rely on disciplinary records to prove just cause
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Constructive dismissal? A question of interpretation
Would it be a constructive dismissal to refuse to pay an employee the third of a million dollars you owe…
05 Apr 2017
Jurisdictional disputes in employment contracts
In this electronic age, many employers will make offers of employment via email. When the offer is being made to…
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Alberta court rules on the limits of good faith in the performance of employment contracts
In a recent decision, the Alberta Court of Appeal strongly affirmed employers’ right to terminate employees without cause, and without…
31 Jan 2017
Ontario Court Continues Trend of Large Punitive Damages Awards
By: Frank Portman Since 2008, Courts have wrestled with wrongful dismissal claims in which employees make claims of entitlements…
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Terra Firma No More: Supreme Court Changes the Ground Rules on Contracts
By: Jeremy D. Schwartz and Frank B. Portman The recent Supreme Court decision in Sattva Capital Corp v Creston Moly Corp …
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