Divisional Court Refuses to Hear Appeal of Certification in Evans v Bank of Nova Scotia

Published on December 22, 2014

Ontario's Divisional Court has refused the Bank of Nova Scotia's application for leave to appeal the decision certifying a privacy class action to proceed.

class actions,  privacy

Supreme Court Allows Employees to “Double-Up” on Pregnancy and Parental Benefits

Published on December 08, 2014

The Supreme Court has ruled that birth mothers faced discrimination because they were forced to choose between benefits during parental leave and benefits for pregnancy leave.

human rights,  labour law

Back to Basics: HRTO Follows Figliola and Refuses to Allow Relitigation of WSIB Claim

Published on December 05, 2014

 A recent decision from the HRTO indicates that Figliola can still serve to protect the finality of a workers’ compensation tribunal decision

human rights

Restrictive Covenant a Factor in Lengthening Notice Period

Published on November 27, 2014

A recent case out of British Columbia signals restrictive covenants may be a factor supporting extensions in common law notice periods for terminated employees.

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

Published on November 20, 2014

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.

Annual Employers' Conference

Published on November 14, 2014

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

Failure to mitigate reduces damages in Human Rights claim

Published on November 07, 2014

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.

human rights

Outbreak? Ebola and Work Refusals by First Responders

Published on October 31, 2014

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.

occupational health and safety

Class Action Employment Lawsuit Filed Against Canadian Hockey League

Published on October 20, 2014

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

class actions,  employment law,  employment standards,  labour law

Internship Enforcement Update

Published on October 08, 2014

 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.

employment law,  employment standards

Tribunal fines Employers for Contraventions of the AODA

Published on September 30, 2014

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.

accessibility for ontarians with disabilities act,  aoda

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

Published on September 09, 2014

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.

employment law,  wrongful dismissal litigation

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

Published on August 27, 2014

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.

class actions,  employment law,  employment standards

Strong Safety Program Protects Constructor Despite Subcontractor’s Guilty Plea

Published on July 31, 2014

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

occupational health and safety

What’s cause got to do with it?

Published on July 08, 2014

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

employment law,  wrongful dismissal litigation