Catherine P. Coulter

Catherine P. Coulter

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Double Check those Bonus Plans!

The Ontario Court of Appeal’s decision in the case of Paquette v. TeraGo Networks Inc. should have all employers running to double-check and possibly amend their bonus plans.  A further case released on the same day by the...more

8/19/2016 - Appeals Bonuses Canada Contract Terms Corporate Counsel Damages Hiring & Firing Ontario Remuneration Summary Judgment Termination

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

6/16/2016 - Appeals Back Pay Canada Disability Discrimination Hiring & Firing Ontario Human Rights Tribunal Reasonable Accommodation Reinstatement Wrongful Termination

The Duty to Provide Reasonable Notice of Termination Cuts Both Ways

It is a relatively little-known fact to non-lawyers that just as employers are required to provide employees with reasonable notice of termination, employees are likewise required to provide employers with reasonable notice...more

5/6/2016 - Canada Hiring & Firing Notification Requirements Resignation Termination

Miscarriage is a Disability

In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a “disability”.  The door was also left open for employees terminated due to miscarriage to...more

4/8/2016 - Canada Hiring & Firing Miscarriages Ontario Human Rights Tribunal Pregnancy Discrimination Sex Discrimination Wrongful Termination

The Final Word on Dependent Contractors

I wrote last year about the Ontario Superior Court of Justice’s decision in the case of Keenan v. Canac Kitchens (a link to same can be found here: http://www.employmentandlabour.com/?s=Canac). Last week the Ontario Court...more

2/5/2016 - Canada Exclusivity Hiring & Firing Independent Contractors Notice Requirements Termination Wage and Hour

Terminating for Financial Reasons? Don’t Expect the Courts to Help You Out

Employers who undertake reductions in force due to financial difficulties should not count on employee notice periods being reduced as a result of the financial troubles.  This point was recently emphasized by the Ontario...more

1/20/2016 - Canada Fixed-Term Labor Contracts Hiring & Firing Notification Requirements Summary Judgment Termination

Constructive dismissal in Canada

Several jurisdictions around the world permit claims for what is known as “constructive dismissal” or “constructive discharge”. In some cases those claims arise from statute and in others they arise under common law. This...more

11/2/2015 - Best Management Practices Constructive Discharge Employer Liability Issues Employment Contract Hiring & Firing Parent Corporation Subsidiaries

Another Ontario Termination Clause Decision in Favour of Employees…

The Ontario Divisional Court recently affirmed the lower court’s decision in the case of Miller v. A.B.M., an important case with respect to the interpretation of termination provisions in employment contracts. Regular...more

6/1/2015 - Canada Contract Terms Employer Liability Issues Employment Contract Hiring & Firing

A Definitive Ruling on the Issue of Without Cause Terminations under the Canada Labour Code

Federally regulated employers take note.  The Federal Court of Appeal has recently confirmed that without cause dismissals are not automatically deemed to be “unjust” under the provisions of the Canada Labour Code (the...more

2/13/2015 - Canada Dismissals Hiring & Firing Labour Code Unfair Dismissal

Receipt Of Pornographic Material Was Not Just Cause For Dismissal: Appeal Court

In the 2001 case of McKinley v. B.C. Tel, the Supreme Court of Canada ruled that a contextual approach is required in order to determine whether there is just cause for termination of employment. A recent wrongful dismissal...more

5/14/2013 - Canada Email Hiring & Firing Pornography Termination

HR Professionals: The Key To Smooth Corporate Acquisitions

Although human resources professionals are not always recognized for their efforts during a corporate acquisition, the work which they do behind the scenes can often make the difference between an acquisition succeeding or...more

1/11/2013 - Due Diligence Employee Benefits Employment Contract Equal Pay Hiring & Firing Human Resources Professionals OHSA PIPEDA Termination Vacation Pay

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