Management Lawyers

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

Published on May 14, 2019

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.

general litigation,  workers compensation

Standard Release Language May Not Protect Against Sexual Harassment Allegations

Published on June 25, 2018

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. 

employment litigation,  general litigation

Court Awards Significant Costs Award Against Thieving Employee

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. 

employment litigation,  general litigation,  wrongful dismissal litigation

Termination Clauses: A Cautionary Tale

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.

employment law,  general litigation,  wrongful dismissal litigation

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

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.

general litigation

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

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.

general litigation,  labour relations

Office Holiday Parties - The Fine Print

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.

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

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

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. 

general litigation

Conservative Majority to Appoint 2 New Supreme Court Justices

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.

general litigation