Plaintiffs May Think Twice Before Filing Suit Under New Rules

Published on December 09, 2009

On January 1, 2010 the rules governing civil actions in Ontario are to undergo sweeping changes. One notable change is the expansion of the small claims court jurisdiction from $10,000 to $25,000. The changes are supposed to improve access to justice and reduce the cost of litigation for all parties.

wrongful dismissal litigation

Battle of the Press Releases: WSIB and CFIB Wage PR War Over Alleged Mismanagement

Published on September 21, 2009

The Canadian Federation of Independent Business (”CFIB”) appears to have ruffled the feathers of the WSIB.  In a combative September 3, 2009 press release, the CFIB blasted the WSIB for recent financial market losses and called for an independent review of the Board as a result of what the CFIB called “…blatant mismanagement and monopolistic complacency“.   The CFIB even compared the WSIB’s situation to the recent high profile public scandals involving E-Health and the Ontario Lottery and Gaming Corporation.

EI Ruling May Lead to Increase in Employees Taking Parental Leave

Published on September 21, 2009

An Employment Insurance Board of Referees has decided that both parents of newborn twins qualified separately for 35 weeks of employment insurance parental benefits.

employment insurance

Medical Dishonesty Disentitles Employee to ESA Notice

Published on August 13, 2009

Employees who engage in medical dishonesty may find themselves disentitled to ESA termination and severance pay.

The ESA provides that employees who are guilty of “willful misconduct” or “willful neglect of duty” are not entitled to statutory notice of termination or severance pay.  These are typically treated as very high standards.  The key is that the conduct must be serious, and it must be willful.  In other words, failing to meet production standards will not usually be sufficient to disentitle an employee from statutory notice and severance pay, unless the employee was failing intentionally.

CIBC Unpaid Overtime Class Action to be Appealed

Published on July 21, 2009

In a recent SBH Update we discussed a case where a $600 million class action lawsuit against CIBC for unpaid overtime was denied certification.  Not surprisingly, this decision is being appealed to the Ontario Divisional Court.

Employee Entitled to Package Given by Mistake

Published on June 29, 2009

In a case that can only be described as a cautionary tale, an employer was ordered to pay 5 months pay in lieu of notice to an employee to whom it had intended to pay only 3 weeks ESA termination pay.  This case should serve as a reminder to employers to carefully review termination letters before they go to employees.

employment standards

Living Organ Donors to Receive Job-Protected Leave

Published on May 29, 2009

Ontario has passed legislation amending the Employment Standards Act, 2000 to provide up to 13 weeks of leave of absence without pay for employees who undergo surgery in order to donate organs to other persons.  The new leave will come into force upon proclamation on a future date.

Ministry Announces Safety Blitz Aimed at Young Workers

Published on May 28, 2009

A new month, a new blitz!  In keeping with its practice of conducting new health and safety “blitzes” every month, the Ministry of Labour has announced that its inspectors will be focussing on the protection of young and new workers during the month of June.

employment standards