The Ontario Court of Appeal’s recent decision in De Castro v Arista Homes Limited, 2025 ONCA 260 (De Castro) provides Ontario employers with yet another reminder about the importance of clear and concise drafting in...more
Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards...more
As of January 1, 2024, the Employment Standards Act will require temporary help agencies to be licensed by the Ministry of Labour in order to operate. The Ontario government previously amended the Employment Standards Act in...more
A Question of Mixed Fact and Law -
In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more
How Recent Decisions Signal a Potentially Expanded Approach to Aggravated and Punitive Damages -
Two recent decisions: Moffatt v Prospera Credit Union [Moffat], from the British Columbia Supreme Court, and Russell v The...more
After nearly 15-years of protracted litigation, the Ontario Court of Appeal recently dismissed the Canadian Imperial Bank of Commerce’s appeal of Justice Belobaba’s trio of decisions, released in 2020, finding that CIBC’s...more
In an effort to curb the spread of COVID-19 in the workplace, and in accordance with public health guidance, many Ontario employers have implemented vaccination policies over the past year....more
In an effort to mitigate the spread of COVID-19 in the workplace, many employers are implementing vaccination requirements for employees. Vaccination policies are employer specific and vary widely in terms of their particular...more
There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law...more
The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more
Last month, we wrote about a recent decision of the Ontario Superior Court in Coutinho v Ocular Health Centre, which found that employees placed on a temporary leave under O. Reg 228/20 Infectious Disease Emergency Leave (the...more
7/7/2021
/ Employee Benefits ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Human Resources Professionals ,
Medical Leave ,
Paid Leave ,
Unpaid Leave ,
Wage and Hour
The Ontario Court of Appeal recently clarified that common employer liability on an interrelated corporation requires objective evidence of an intention to create an employer/employee relationship between the employee and the...more
A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic. The decision of Justice D.A. Broad in Coutinho v Ocular Health Centre, released April 27,...more
Cybersecurity is a significant business risk for any organization that collects personal data. The greater the amount of personal data collected by an organization, the greater the risk that it will be targeted by...more
Your organization will in all likelihood suffer a cyberattack. According to a recent study by Accenture, the average Canadian organization faces about 96 cyberattacks per year, nearly one third of which result in a security...more
2/17/2017
/ Canada ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Directors ,
Hackers ,
Home Depot ,
Information Technology ,
Risk Management ,
Shareholders
In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more
2/10/2017
/ Ashley Madison ,
Bitcoin ,
Breach Notification Rule ,
Canada ,
Class Action ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Popular ,
Ransomware ,
Risk Assessment ,
Risk Management ,
Yahoo!
The United States Federal Trade Commission ("FTC") strikes again. In the action by the FTC involving the cybersecurity breach of Toronto-based AshleyMadison.com (operated by Ruby Corp. and hereafter referred to as "Ashley...more
Cybersecurity attacks through the use of ransomware are an increasing threat to Canadian businesses.
Ransomware is a malicious software that is secretly installed on a target’s computer and encrypts files, making them...more