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Canada Supreme Court of Canada Hiring & Firing

Stikeman Elliott LLP

Supreme Court of Canada Denies Leave to Appeal in Battiston: Notice of Termination Provisions in Stock Award Agreement Upheld

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In a welcome decision for employers, the Supreme Court of Canada recently denied leave to appeal of the Ontario Court of Appeal’s decision in Battiston v. Microsoft Canada Inc., 2021 ONCA 727 (“Battiston”)....more

Littler

Supreme Court of Canada Overturns Court of Appeal in Landmark Bonus Case

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On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee’s appeal of the Nova Scotia...more

Bennett Jones LLP

Seven New Appeals Will Be Heard by the Supreme Court of Canada

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Although the Supreme Court has suspended hearing appeals, the Court continues to issue judgments both on appeals and applications for leave to appeal. Hearings scheduled for March, April and May were adjourned on March 25,...more

Littler

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

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A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

Blake, Cassels & Graydon LLP

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable...more

Bennett Jones LLP

Supreme Court Upholds Termination for Breach of Drug and Alcohol Policy

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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

Blake, Cassels & Graydon LLP

Supreme Court of Canada Rules No Discrimination for Termination of Drug Addicted Employee

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in...more

Littler

Termination Clause Enforced: Oudin and the Supreme Court of Canada

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In Canada, termination clauses in employment agreements are critical tools that allow an employer to avoid providing reasonable notice of termination under the common law.  Each year there are numerous court decisions on this...more

Littler

Supreme Court of Canada Holds Private Federal Employers Must Have Just Cause to Dismiss Non-Managerial Employees

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Part III of the Canada Labour Code (the “Code”) contains unjust dismissal provisions that apply to private Canadian employers subject to federal jurisdiction. Where a complaint of unjust dismissal is filed by a dismissed...more

Bennett Jones LLP

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

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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

Blake, Cassels & Graydon LLP

Legal Trends: Employment & Labour

In the past year, the media and governments across Canada have paid greater attention to workplace discrimination and harassment. In Ontario, for example, the government introduced Bill 132, Sexual Violence and Harassment...more

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