Don’t Forget to Consider “Consideration” – Jeremy Schwartz
Jeremy D. Schwartz / About Author
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Court of Appeal upholds decision granting employee notice period based on employment with predecessors
We have previously written on the decision of the Ontario Superior Court of Justice in Danbury v 1416088 Ontario Ltd (see our…
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If it Looks Like Theft and Quacks Like Theft…the Employer may Still pay
While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent…
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Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice
Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship….
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Dial “D” for Dismissal: Employee Fired after “Pocket-Dial”
Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a…
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Does a COVID Leave Trigger Constructive Dismissal? Even Courts are Coming to Opposite Conclusions
By Jeremy Schwartz and Haadi Malik In April, the Ontario Superior Court of Justice ruled in Coutinho v Ocular Health Centre…
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When is a lay-off actually a termination?
Employers in Ontario must be cautious before implementing “temporary” layoffs. Unless the employee and employer have a clear and valid…
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Probationary clauses: A double-edged sword for employers
Many employers find it necessary to assess new employees’ performance on the job before making a final determination about whether…
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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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British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan
Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan…
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Termination Clauses: Clearly Restrictive Language Necessary for Enforceability
The Alberta Court of Appeal recently upheld a trial decision that struck a termination clause down as unenforceable. The Facts…
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What is the next step in AODA compliance?
The AODA Employment Standard deadlines are not as far away as they may seem. The Employment Standard is one of…
26 May 2014
2014 Q4 StringerLLP HR Law Webinar, Segment 1: Just Cause Update
Landon Young provides draws on recent, wrongful dismissal caselaw to provide guidance to employers considering whether to terminate an employee…
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Court Certifies Overtime Class Action
The Ontario Superior Court of Justice has ruled that representative plaintiff Cindy Fulakwa can proceed with her class action against…
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The Accidental Termination
A recent Ontario Court of Appeal decision highlights the importance of maintaining composure – and not venting frustrations upon employees….
15 Mar 2017
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…
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