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The Clock’s Ticking: Ontario Court of Appeal Dismisses Bank’s Appeal in Overtime Class Action

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

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

Infectious Disease Emergency Leave Does Not Shield an Employer From Constructive Dismissal at Common Law

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

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