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Workplace Investigations: Perfection Is Not the Standard

A recent decision of Ontario’s Superior Court of Justice provides helpful guidance to Ontario employers on the standard of workplace investigation in the context of a termination for cause. The Court also provides helpful...more

Termination Provisions and the Perils of Imprecise Drafting: Key Lessons from De Castro v Arista Homes Limited

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

An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

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

Responding to Requests for Religious Exemptions to Vaccination Policies

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

Challenging Mandatory Vaccination Policies in Ontario: Arbitrators Take a First Look and Reach Differing

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

Contradictory Decisions: Ontario Judges on Infectious Disease Emergency Leave

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

Court of Appeal Clarifies the Doctrine of Common Employer Liability, Holds Director Personally Liable

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

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