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Jun 28, 2018

Good News for Employers as Court of Appeal Chastises Lower Court for Finding Ambiguity in Termination Clause Where None Existed

As we know, the Ontario Court of Appeal released a decision in 2016, Oudin v. Centre Francophone de Toronto, where a termination provisio...

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May 24, 2018

Employer’s Decision to Refuse Employment to Medicinal Cannabis User Supported by Arbitrator

On August 1, 2018, the government’s plan to legalize recreational marijuana will come into effect and employers will be faced with questions ...

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Apr 5, 2018

Ontario Divisional Court Confirms Employer Cannot Provide Working Notice of Termination to Employee on Disability Leave

One question we often get from employers is whether they can provide working notice of termination to an employee who is on an approved leave. More...

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Feb 22, 2018

Arbitrator Finds Losses Stemming from Mental Stress Caused by Workplace Harassment or Discrimination are Compensable Under Ontario’s Workplace Safety and Insurance Act

A recent decision of the Ontario Grievance Settlement Board (“GSB”) has provided some much needed clarity as to under what circumstance...

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Dec 28, 2017

Employees May Bring Discrimination Complaints Against the Employees of a Different Employer, says Canada’s Highest Court

In a recent decision, Canada’s highest court reminded employers that human rights legislation is to be interpreted very broadly. So broadly, ...

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Nov 9, 2017

Bill C-63 Creates New Scheduling Burdens for Federally Regulated Employers

A new Bill is gaining momentum that, if passed, will significantly affect the scheduling practices of federally regulated employers and will also...

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Jul 6, 2017

Ontario Court Upholds Termination Provision – Confirms Favourable Shift in Employment Agreement Interpretation for Employers

As we all know, there have been a number of court decisions in recent years which have found termination provisions in employment agreements to be ...

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May 25, 2017

When Can an Employer Ask For A Second Medical Opinion When Accommodating A Disability? Ontario’s Divisional Court Weighs In

By now we all know that an employer has a duty to accommodate an employee with a disability to the point of undue hardship. However, we also know t...

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Apr 13, 2017

Timing Is Everything: Court Strikes Wrongful Dismissal Action for Delay – Action Brought Only Nine Months after Employee’s Last Day

Pursuant to Ontario’s Limitations Act, the limitation period, or time limit, for bringing a wrongful dismissal action in Ontario is two years...

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Mar 2, 2017

Court of Appeal Weighs in on Enforceability of Termination Clause with Mixed Results for Employers

As we all know, there have been a number of court decisions in recent years which have found termination provisions in employment agreements to be ...

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Jan 19, 2017

Ontario Labour Relations Board - Time Spent by Employee Traveling To and From Work is Unpaid

In a recent decision argued by one of the lawyers at CCPartners, the Ontario Labour Relations Board (the “Labour Board”) ruled that tim...

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Oct 13, 2016

Terminating Older Employees: The Cost has Never Been Higher

By now we all know that for the most part there is no mandatory retirement age in Ontario. For a variety of reasons, including shortfalls in retire...

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Sep 15, 2016

Court Ruling Leaves Employers' Bonus Policies Less Effective

By now we all know that Ontario employers are normally required to provide employees with reasonable notice of termination or pay in lieu there...

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Jul 13, 2016

What’s the Hold-Up? Supreme Court of Canada Revamps Right to Speedy Trial

The Supreme Court of Canada (“SCC”) has released a game-changing decision that overturns a line of case law more than 30 years in the m...

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May 26, 2016

Human Rights Panel Allows Employee to Take Entire Summer off Work to Care for Child with Disability

In a recent human rights decision, the Northwest Territories Human Rights Adjudication Panel (the “Panel”) pushed the boundary of what ...

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Apr 14, 2016

Employer Ordered to Pay 37 Months’ Salary for Breach of Employment Agreement

The Ontario Court of Appeal released a decision last week that serves as a stark reminder to employers of just how critical a properly worded emplo...

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Apr 1, 2016

“I quit!” – “not yet, you don’t.” Employer Awarded $35,000 for Wrongful Resignation

By now, we all know what a wrongful termination is in the employment context. But how many have heard of a wrongful resignation? The Superior Court...

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Jan 7, 2016

BE PREPARED, EMPLOYERS - THE CONSTRUCTION INDUSTRY “OPEN PERIOD” IS COMING!

Termination and Raid Applications During the 2016 “Open Period” in the Construction Industry In Ontario many construction industry coll...

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Nov 26, 2015

That’s Just Too Much! B.C.’s Supreme Court Finds Human Rights Tribunal’s $75,000 Damage Award to be “Patently Unreasonable”

British Columbia’s Supreme Court recently overturned a damage award in one of the most noteworthy Human Rights decisions of 2014. In tha...

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Oct 1, 2015

Here We Go Again: Employer Ordered to Pay $65,250 to Employee Who Did Not Work For Even One Day!

By now we all know that Courts are reluctant to enforce provisions in employment contracts that seek to limit the amount of termination notice prov...

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