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Dec 6, 2018

By Cristina Tomaino

Frustration is not Just Cause for Termination under the Canada Labour Code

As you may know, federal employers require just cause to terminate non-union and non-management employees. Recently in Lewis v Whiteline Trucking L...

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Nov 29, 2018

By Angela Wiggins

Asking for the Check: New Rules as of November 1, 2018

In March 2016 CCP brought to your attention the Police Record Checks Reform Act. This Act was new legislation designed to standardize the process ...

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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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Nov 15, 2018

By Mike MacLellan

Get Outta Here! Ontario Court Confirms it has no Jurisdiction over Dispute arising from Collective Agreement

A decision from the Ontario Superior Court of Justice confirmed a long-standing legal principle that is at the foundation of labour law: the courts...

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Nov 8, 2018

By Kelsey Orth

The Feds Play Catch-Up: Canada Labour Code to Address Violence and Harassment in the Workplace 9 Years After Ontario’s Bill 168

On October 25, 2018, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relat...

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Nov 1, 2018

By Cristina Tomaino

Bill 148 and Bill 47: Understanding the Changing Landscape of Labour and Employment Law in Ontario

In our blog immediately following the Ford government’s announcement of the Making Ontario Open for Business Act we outlined the notable prop...

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Oct 25, 2018

By Angela Wiggins

Clearing the Smoke: Bill 36 and OHRC Policy Statement provide further direction on managing legalized cannabis

When October 17, 2018 rolled around many employers were still questioning what the rules were around legalized marijuana. A week after the fact, th...

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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 18, 2018

By Mike MacLellan

Leave it Alone: Ontario Court Dismisses Three Claims by Employee in Respect of her Maternity Leave

The Ontario Superior Court of Justice has recently released a decision in which it rejected an employee’s claim that her employer breached it...

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Oct 11, 2018

By Kelsey Orth

There is No “OT” in NOTICE – Court of Appeal agrees with Motions Judge that Employees not Expected to Look for Work in Their Sleep when Working Notice Provided

As you may know, the Employment Standards Act, 2000 (“ESA”) has specific provisions governing an employee’s minimum entitlements ...

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Oct 5, 2018

By Karen Fields

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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Oct 4, 2018

By Kelsey Orth

Good News For Employers (May Be On The Way)!

As rare as the use of that headline may be, we are cautiously optimistic that Premier Ford’s announcement yesterday that “Bill 148 will...

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Sep 27, 2018

By Cristina Tomaino

Be Careful What You Wish For: Ontario Court Holds that an Employee Cannot Rescind a Clear and Voluntary Notice of Resignation

In English v Manulife Financial Corporation, the Ontario Superior Court of Justice considered whether an employee who has voluntarily resigned may ...

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Sep 20, 2018

By Angela Wiggins

Time to Catch Up for Federal Employers! Canada introduces Federal Accessibility Legislation

Here in Ontario, most employers are not strangers to the requirements of accessibility legislation; but, for some time federally regulated employer...

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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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Sep 6, 2018

By Mike MacLellan

That’s Great! Arbitrator decides that new PEL provisions do not apply in light of “Greater Right or Benefit”.

In 2018 the former Liberal provincial government passed Bill-148 into law, changing an array of legislation on which workplaces were run.  One...

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Aug 30, 2018

By Cristina Tomaino

Dismissed Employee Failed to Mitigate Damages by Choosing Retraining Over Re-Employment

In the recent case of Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice held that an employee had failed to reasonably mitigat...

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Aug 23, 2018

By Karen Fields

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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Aug 16, 2018

By Angela Wiggins

The Dangers of Sharing: Court determines that Facebook posts and messages do not have an objective reasonable expectation of privacy

Balancing an employee’s privacy rights with the employer’s ability to manage the workplace is an ongoing debate and continues to beco...

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Aug 9, 2018

By Mike MacLellan

No Need to Get Testy: Court of Appeal for Newfoundland and Labrador Reinstates Employee after Improper Employer Drug-Testing

The Court of Appeal of Newfoundland and Labrador recently denied an employer’s appeal from a grievance arbitration decision holding that it w...

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