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Courts Will Not Sever Defective Termination Provisions

North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...more

Supreme Court Upholds Termination for Breach of Drug and Alcohol Policy

The Supreme Court of Canada’s decision in Stewart v. Elk Valley Coal Corp., 2017 SCC 30 is good news for employers. The Court upheld the prior decisions of the Alberta Court of Appeal and Alberta Human Rights Tribunal,...more

Public Mergers and Acquisitions in Canada 2nd Edition - May 2017

Canadian public merger and acquisition transactions in 2016 (in-bound and out-bound) comprised over C$400 billion in value with at least one-third of the transactions in Canada being fueled by foreign buyers. The second...more

2017 Federal Budget: Update for Employers

On March 22, the 2017 federal budget, Building a Strong Middle Class Through Innovation, was released. Among its myriad proposals, several anticipated changes related to families and leaves will affect employers, including...more

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

Plain Language in Bonus Plan Prevails: No Employment, No Vesting, No Bonus

In positive news for employers, in Styles v Alberta Investment Management Corporation, 2017 ABCA 1 [Styles], the Alberta Court of Appeal (ABCA) affirmed that an employee who does not meet a clear and well drafted condition of...more

Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees

In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the “unjust dismissal” provisions in the Canada Labour Code mean non-union employees...more

Ontario Employers Must Comply with New Poster Requirements

The Ontario Ministry of Labour recently released version 6.0 of the Employment Standards Poster, which outlines employees’ minimum rights and employers’ minimum obligations. With the release of this new poster, almost every...more

The Supreme Court of Canada Clarifies Test for Constructive Dismissal

If an employer puts a non-unionized employee on an indefinite administrative suspension with full pay but without explaining why, can this amount to a constructive dismissal? Yes, according to the Supreme Court of Canada in...more

3/24/2015

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

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

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

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

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

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

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

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

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

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