Can a Corporate Director face a Personal Injury Suit for a Workplace Accident? Alberta Court of Appeal Says Yes!


Time Published on May 14, 2019 User Stringer LLP

The fundamental principle of workers’ compensation across Canada is that workers who suffer an injury “in the course of employment” give up their right to sue their employer and others in tort, in exchange for access to the no fault workers’ compensation benefit system.  However, there are exceptions to this principle, which may expose uninsured workplace parties to significant liability, including directors, as a recent case from the Alberta Court of Appeal shows.

Tag general litigation,  workers compensation

Think You Suffered Family Status Discrimination? First Things First – Were You Employed in Ontario or B.C.?


Time Published on April 16, 2019 User Stringer LLP

The law governing family status discrimination under human rights legislation is unsettled and varies from jurisdiction to jurisdiction.  A new decision from the British Columbia Court of Appeal only deepens this divide, which it appears only the Supreme Court of Canada may bridge.

Tag human rights

Does Human Rights Legislation Apply to Job Ads on Facebook?


Time Published on April 12, 2019 User Amanda Boyce

Technological advancements frequently outpace the law’s ability to respond to the challenges they create. With the click of a button, employers can now reach hundreds or even thousands of potential job applicants by posting advertisements on online platforms. But research suggests that this convenience is facilitating certain recruitment practices that may be discriminatory.

Tag employment law,  human rights,  labour law

Has BC Court opened the door to more court claims of harassment?


Time Published on April 09, 2019 User Stringer LLP

A recent case from the British Columbia Court of Appeal suggests that courts may have broader jurisdiction over human rights claims than they have previously asserted.

Tag class actions,  employment litigation,  human rights

Employer’s Just Cause Assertion Backfires, Results in $1,000,000 in Liability


Time Published on February 28, 2019 User Stringer LLP

Ontario’s Court of Appeal recently upheld a trial decision in which an employer’s tactical pursuit of a just cause defence and counterclaim backfired catastrophically and resulted in a cumulative award of over $1 Million.

Tag employment litigation,  wrongful dismissal litigation

Never Too Late: Court Rejects Employee’s Attempt to Avoid Liability for Theft


Time Published on December 19, 2018 User Stringer LLP

What options are available to an employer who, after signing a mutual release releasing an employee from liability, finds out that the employee embezzled a large amount of money?  A recent Ontario court case suggests that the employer may still be able to pursue the employee for the amounts wrongfully taken, as well as invalidate a severance agreement.

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Mud in the Water: Divisional Court holds limiting language required to displace presumption of reasonable notice


Time Published on December 18, 2018 User Stringer LLP

A recent Divisional Court decision continues the trend of termination clauses being struck down and suggests that more termination clauses could be invalid than previously thought. 

Tag employment contracts,  employment litigation,  employment standards,  wrongful dismissal litigation

Bill 66 Proposes Further Employer-Friendly Amendments to Workplace Laws


Time Published on December 10, 2018 User Stringer LLP

The Ontario government introduced Bill 66, Restoring Ontario's Competitiveness Act, 2018 on December 6, 2018. Bill 66 passed First Reading, and is set to bring about further employer-friendly amendments to the Employment Standards Act, 2000 (the “ESA”) and the Ontario Labour Relations Act (the “LRA”).

Tag construction labour relations,  employment law,  employment standards

Reporting Bad Conduct to Regulator Defamed Ex-Employee


Time Published on December 04, 2018 User Stringer LLP

The Court of Appeal recently confirmed that an employer defamed an ex-employee when the employer filed a false report with an industry regulator.

Tag employment law,  employment litigation,  wrongful dismissal litigation

The Truth Will Set You Free – A Bad Reference is Not Necessarily Defamatory


Time Published on November 12, 2018 User Stringer LLP

The Divisional Court recently upheld a trial decision finding that an employer did not defame a former employee when it gave him a bad reference.

Tag employment law,  employment litigation

Jeff Murray Certified as a Specialist in Labour Law


Time Published on November 09, 2018 User Stringer LLP

We are proud to announce that the Law Society of Ontario recently designated Jeff Murray as a Certified Specialist in Labour Law.

 

Tag stringer llp announcements

Ontario Court Confirms that Unwanted Management is not a Constructive Dismissal


Time Published on November 05, 2018 User Stringer LLP

A recent case from the Ontario Superior Court of Justice confirms that employers remain able to manage their workplace even when employees disagree or are unhappy with how they are managed.

Tag constructive dismissal,  employment litigation,  wrongful dismissal litigation

Zero Tolerance Policies and Medicinal Marijuana


Time Published on September 28, 2018 User Stringer LLP

The Ontario Human Rights Tribunal weighs in on the legality of a “zero tolerance” policy for workplace (medicinal) marijuana consumption.

Tag human rights,  occupational health and safety

Court Disregards Release where Settlement “Unconscionable”


Time Published on August 29, 2018 User Stringer LLP

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended. 

Tag disability benefits,  employment law,  employment litigation,  wrongful dismissal litigation

Ontario Court of Appeal Finds Clarity in Termination Clause


Time Published on July 25, 2018 User Stringer LLP

The Ontario Court of Appeal recently overruled a decision regarding a termination clause, finding that the provision clearly and unambiguously ousted the presumption of common law reasonable notice.

Tag employment law,  employment litigation,  employment standards,  wrongful dismissal litigation