Recent Amendments to Rule 76 Simplified Procedure

Time Published on January 29, 2020 User Stringer LLP

Recent amendments to Rule 76 of the Ontario Rules of Civil Procedure will help to reduce legal costs and streamline the litigation process in the province. 

Tag employment litigation,  general litigation,  wrongful dismissal litigation

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

Standard Release Language May Not Protect Against Sexual Harassment Allegations

Time Published on June 25, 2018 User Stringer LLP

The Ontario Superior Court recently found that sexual harassment does not necessarily “arise out of” the employment relationship, even when it is perpetrated by another employee at the workplace. As such, releases purporting to settle all claims arising out of, or in any way connected to, an employment relationship may not effectively bar subsequent sexual harassment claims. 

Tag employment litigation,  general litigation

Court Awards Significant Costs Award Against Thieving Employee

Time Published on July 21, 2017

A recent cost decision from the Ontario Superior Court of Justice suggests that employers who successfully defend themselves from a wrongful dismissal action by asserting just cause may be entitled to recoup a significant amount of their legal costs. 

Tag employment litigation,  general litigation,  wrongful dismissal litigation

Termination Clauses: A Cautionary Tale

Time Published on January 21, 2015

In cases dealing with particularly senior and specialized employees, significant notice periods may be awarded even for employees with short service. this is starkly illustrated by a recent case from the Ontario Superior Court.

Tag employment law,  general litigation,  wrongful dismissal litigation

When Can an Employer Rely on a Limitation Period when Unilaterally Changing a Contract?

Time Published on February 28, 2014

The Ontario Court of Appeal recently released its decision in Ali v O-Two Medical, which highlights the risks of taking a wait-and-see approach when giving notice of significant changes to employment terms and conditions.

Tag general litigation

Confidentiality Clause has Teeth: Police Officer forced to Return Settlement Funds

Time Published on August 29, 2013

A recent arbitration case shows that arbitrators (and potentially other decision makers) will take a very hard line on employees who deliberately breach their obligations.

Tag general litigation,  labour relations

Office Holiday Parties - The Fine Print

Time Published on December 14, 2012

We've put together a few tips on enjoying your office party without facing lawsuits in the cold light of day.

Tag employment law,  general litigation,  human rights,  occupational health and safety

Avoid the Hassle of Litigation's Draft your Agreements with Care

Time Published on July 10, 2012

In a recent decision, Downey v. Encore International Inc., the Ontario Court of Appeal took a flexible approach based heavily on the factual circumstances in finding that a confidentiality agreement was enforceable. 

Tag general litigation

Conservative Majority to Appoint 2 New Supreme Court Justices

Time Published on May 13, 2011

The CBC News reports that Supreme Court of Canada Justices Ian Binnie and Louise Charron have announced they will retire on August 30, 2011.  With the newly elected, Conservative majority government, Canadians will no doubt watch the nomination and selection process with greater interest.

Tag general litigation