Carl Cunningham

Carl Cunningham

Bennett Jones LLP

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New “Stronger Workplaces” Act Increases Obligations for Ontario Employers

On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, received royal assent. This amends five employment and labour-related statutes in Ontario in an effort to protect employees. The effect...more

12/4/2014 - Canada Employer Liability Issues Staffing Agencies Wage and Hour

Court of Appeal Denies Certification in Another Misclassification Overtime Class Action

In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision...more

10/9/2014 - Canada Class Action Class Certification Employee Rights Misclassification Over-Time Unpaid Overtime

Medical Marijuana in the Workplace: What Employers Need to Know

The Marihuana for Medical Purposes Regulations that became effective on April 1, 2014, could substantially increase the number of Canadians who are using lawfully prescribed medical marijuana. As the number of prescribed...more

6/25/2014 - Canada Employee Rights Employer Liability Issues Marijuana Medical Marijuana Popular

Duty to Accommodate on Family Status Clarified in the Federal Sphere

The Federal Court of Appeal (FCA) recently confirmed that “family status” includes childcare obligations and provided clarity for employers on the test for whether the duty to accommodate has been met. While the decisions in...more

5/22/2014 - Canada Employer Liability Issues Employer Mandates Family Status Accommodation Federal Contractors Federal Employees

Ontario’s New Occupational Health and Safety Awareness and Training Regulation: Are You Compliant?

Beginning on July 1, 2014, employers in Ontario will have an added responsibility of ensuring that all workers and all supervisors in all workplaces that fall subject to the Ontario Occupational Health and Safety Act (OHSA)...more

4/23/2014 - Canada Employer Liability Issues Employer Mandates OHSA Required Documentation Safety Training

Unpaid Internships in Ontario – Are They a Thing of the Past?

On March 28, 2014, two popular Canadian-based magazines, The Walrus and Toronto Life, brought their unpaid internship programs abruptly to an end after Ontario’s Ministry of Labour concluded that such programs were being run...more

4/1/2014 - Canada Internships Unpaid Interns

Minimum Wage in Ontario will Rise to $11 per hour on June 1, 2014

On January 30, 2014, the Ontario government announced there will be an increase in the general minimum wage rate from $10.25 to $11 per hour effective June 1, 2014. This 75-cent boost will reflect the rise in the Consumer...more

2/3/2014 - Canada Consumer Price Index Employee Rights Minimum Wage

For The First Time, Ontario Superior Court Awards Human Rights Damages

In 2008, the Human Rights Code was amended to allow, amongst other things, civil claims for breaches of the Code. Though we often see plaintiffs alleging discrimination in the context of a wrongful dismissal or constructive...more

10/7/2013 - Canada Damages Human Rights OSC

Are Your Company’s Termination Provisions Enforceable?

Two Ontario Superior Court decisions once again highlight the importance of precise and explicit wording in employment contracts, particularly in respect of termination clauses. The court concluded in both decisions that the...more

10/1/2013 - Canada Employment Contract Hiring & Firing Pre-Termination Notice Termination

The Duty to Accommodate Family Status (and Potentially Lifestyle Choices Too)

In an update last October (Accommodating Family Status – Needs vs. Preferences) we advised you that the Ontario Human Rights Tribunal established a new test for an employer’s duty to accommodate on the basis of family status...more

2/25/2013 - CBSA Discrimination Duty to Accommodate Family Status Accommodation Human Rights Ontario Human Rights Tribunal Undue Hardship

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