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Sep 12, 2019

By Susan Crawford

Yet Another Termination Clause “Bites the Dust” says the Ontario Court of Appeal – Where Do Employers Go From Here?

CCPartners has blogged on a number of court decisions over the last five years that have dealt with the enforceability of termination clauses, part...

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Jul 18, 2019

By Susan Crawford

A Deal May Still be a Deal: Ontario Court of Appeal Overturns Summary Judgment Decision that Severance Transaction was Unconscionable while Entitlement to LTD Benefits was a Live Issue.

In the recent decision Swampillai v. Royal & Sun Alliance Insurance Company of Canada the Court of Appeal was asked to consider the issue of co...

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Jun 20, 2019

By Susan Crawford

Recent Ontario Court of Appeal Decision Reduces Notice Period but Preserves Bonus Entitlement

The issues of common law reasonable notice for long serving senior employees and bonus entitlement through that notice period can be thorny ones fo...

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May 16, 2019

By Susan Crawford

Recent Divisional Court Ruling has Significant Implications for Public Sector Employers Using Proxy Method for Pay Equity Compliance

With smaller broader public sector employers like daycares and women’s shelters already facing declining government funding, a recent Court d...

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Apr 11, 2019

By Susan Crawford

Court of Appeal Confirms Employer Hardball Tactics Support $125K in Extraordinary Damages

Last June CCP blogged about the risks employers face when they bring suspect counter-claims and make allegations of just cause that they can’...

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Mar 7, 2019

By Susan Crawford

Another Termination Clause Bites the Dust in Superior Court

CCP has blogged on numerous cases in the last few years where judges have struck down termination clauses in employment agreements for failing to m...

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Nov 22, 2018

By Susan Crawford

The Tree may not be the only thing “Lit” this Holiday-Season- Navigating the Company Holiday Party in the Era of “Me-Too” and Legalized Marijuana.

Hosting a holiday party is a great way to thank your employees for their hard work and to celebrate your company’s successes in the last year...

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Oct 23, 2018

By Susan Crawford

BREAKING NEWS: Making Ontario Open for Business Act

  The Ford government’s newly proposed Making Ontario Open for Business Act would repeal a substantial number of amendments made by Bill...

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Oct 5, 2018

By Susan Crawford

18 Month Jail Term for Workplace Fatality – Not the First of Its Kind

In April 2012 a worker working for Fournier Excavation, in Quebec, was buried alive when the walls of the unsupported trench he was working in coll...

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Sep 13, 2018

By Susan Crawford

“Frustration” for Employees but Good News for Employers in Recent Ontario Court Decision

In a recent lower court decision in Ontario, the issue of frustration of contract was revisited.  In the employment law context, a frustration...

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Aug 23, 2018

By Susan Crawford

Ouch – Piercing the Corporate Veil to Find Personal Liability in Regulatory Offence

“Piercing the corporate veil” is the judicial act of imposing personal liability on otherwise immune corporate officers, directors, and...

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Jun 21, 2018

By Susan Crawford

What’s Old is New Again - Changes to Holiday Pay Calculation in Ontario for Canada Day and Beyond

In what would turn out to be the Liberal Government’s swan song, and amid widespread criticism from the business community, the controversial...

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May 7, 2018

By Susan Crawford

Tribunal Shows “Zero Tolerance” to Employee Fired for Smoking Medical Marijuana on 37th Floor Swing Stage

With the impending legalization of marijuana and a rise in the number of people using medical marijuana to treat any number of ailments, employers ...

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Feb 2, 2018

By Susan Crawford

Ontario Court of Appeal Upholds 3.5 year Jail Sentence for Project Manager

On Christmas Eve 2009, a tragic workplace accident occurred, when 5 workers employed by Metron Construction Incorporated fell 13 stories, more than...

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Jan 25, 2018

By Susan Crawford

BC Court of Appeal Clarifies Treatment of Mitigation Earnings and Extended Notice for Health Reasons

Two primary considerations in any wrongful dismissal action is the period of reasonable notice an employee is entitled to and how to treat income e...

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Jan 11, 2018

By Susan Crawford

Ask 2 Lawyers a Question and Get 3 Opinions - Court of Appeal Creates Chaos in the Jurisprudence By Upholding Termination Provision

Over the last few years, the question of whether a termination provision in an employment contract is enforceable has received unprecedented attent...

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Nov 30, 2017

By Susan Crawford

Bill 148 Passes Last Hurdle with Further Significant Amendments Proclaimed into Law

Bill 148 – the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent on November 27, 2017.  This controversial legislation has b...

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Sep 28, 2017

By Susan Crawford

Court of Appeal Overturns Jail Time for Directors on Guilty Plea for OHSA Violations

Karen Fields of CCPartners was recently successful in an appeal on behalf of R. v. New Mex Canada Inc., B. Purba and R. Saini, in which fines from ...

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Aug 30, 2017

By Susan Crawford

Ontario’s Highest Court Upholds Just Cause Dismissal for Long Service Employee

It is fair to say that dismissals for “cause” (where no notice obligations are required by the employer as a result of the employee&rsq...

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May 18, 2017

By Susan Crawford

Ontario Government Releases its “Workplace Violence Prevention in Health Care” Report

On August 20, 2015, we reported on the Ontario Government’s intention to elevate violence prevention for health care workers.  On May ...

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