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Aug 6, 2015

Employers: Are Your Contractors Independent or Dependent? The Wrong Answer Could Cost You

One of the benefits to employers who hire independent contractors to assist in the workplace is that there is no obligation to provide reasonable n...

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Jul 30, 2015

By Kelsey Orth

You Can’t Always (Do) What You Want: Judge Finds Failure To Mitigate For Choosing New Career

Since the Supreme Court of Canada ruled in Evans v. Teamsters, much has been made about the issue of mitigation.  That decision, a positive on...

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Jul 23, 2015

By Mike MacLellan

Court Upholds Journalist’s Co$tly Breach of Confidentiality - Strike 2 for Jan Wong

In August of 2013 CCP wrote this article about Jan Wong, a long-time writer for the Globe and Mail, who was ordered to repay the money she received...

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Jul 16, 2015

By Angela Wiggins

Where Does All the Money Go? Bill C-377 Will Force Unions to Answer

Many workplaces today require employers and unions to work alongside each other to maintain positive labour relations. In 2012, approximately 31.5...

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Jul 10, 2015

Actually You Weren’t Fired! Court Rules Long-Term Employee Should Have Accepted New Role

A recent decision of the Ontario Superior Court of Justice has reinforced an employer’s ability to re-organize work flow and adjust employee ...

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Jul 2, 2015

By Susan Crawford

I Owe What??? Top 5 Mistakes Employers Make When Dismissing Employees

Dismissing an employee is never an easy exercise for an employer and all too often employers dismiss employees without fully appreciating the oblig...

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Jun 29, 2015

Project Manager convicted of Criminal Negligence in Workplace Fatalities

On December 24, 2009, six workers entered a faulty swing stage to repair balconies on the 13th floor of an apartment building in Toronto.  Onl...

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Jun 25, 2015

By Mike MacLellan

Boneheaded Facebook Post Strikes Again! Arbitrator Refuses to Reinstate Unjustly Dismissed Union Member

Our readers probably already know that when a unionized employee is unjustly discharged from their employment, the presumptive remedy from an arbit...

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Jun 18, 2015

By Kelsey Orth

No Bonus for You! Judge Enforces Clear Language Disentitling Terminated Employee from Bonus Payout

In a case argued by Susan Crawford of CCPartners, Judge S.A.Q. Akhtar upheld the contractual provisions of an employment agreement that prohibited ...

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Jun 11, 2015

Keep Your Eyes on the Road! Termination for Distracted Driving Upheld

Cell phones are one of the most common distractions for drivers. Statistics show that drivers engaged in text messaging are up to 23 times more lik...

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Jun 4, 2015

Inappropriate Sexual Conduct at Social Work Events – Are Employers Liable?

This is the question that K.L. v. 1163957799 Quebec Inc., 2015 ONSC 2417 hopes to answer. In the summer of 2013 Calypso Theme Park (“Cal...

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May 28, 2015

By Susan Crawford

CCPartners Seeking Input for Provincial Government Consultation Process and New ESA Obligation to Provide Information to Employees Now in Place

As many of you may be aware, the Provincial Government is considering whether changes to the Employment Standards Act (“ESA”) and the O...

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May 21, 2015

Employers’ Duty to Accommodate does not Include Turning Away Customers

By now we all know that an employer in Ontario has a duty to accommodate an employee with a disability, so long as the accommodation does not cause...

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May 14, 2015

SCC Confirms High Crown Disclosure Obligations

When charged with an Occupational Health and Safety Act violation, you need to be provided with complete Crown disclosure before you can decide whe...

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May 7, 2015

Federal Court of Appeal Says Employers Can Reasonably Request Better Medical Information Where Health and Safety of Worker a Factor

In Donaldson v Western Grain By-Products Storage Ltd. 2015 FCA 62, the Federal Court of Appeal ruled that it is reasonable to request a more specif...

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Apr 30, 2015

By Mike MacLellan

A Primer on Human Rights Responses: Information You Hope You’ll Never Need

A number of our Firm’s recent blogs have painted a picture of what consequences arise when an employer is found to have violated the Human Ri...

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Apr 23, 2015

$25K Awarded Against Restaurant Owner who Prevented Employee from Serving Employee’s Mother Because of Service Animal

On November 4, 2014, the Ontario Human Rights Tribunal (“Tribunal”) found that a restaurant owner discriminated against a customer (CC)...

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Apr 16, 2015

Supreme Court of Canada Denies Leave to Appeal Lower Court Decision Upholding Termination Provision in an Employment Agreement

Over the last several years, termination provisions have been set aside by Courts for a number of reasons as employers have been held to exacting s...

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Apr 9, 2015

By Rob Boswell

WSIB Proposes New Premium Rate Framework

Following consultation processes led by Harry Arthurs and Doug Stanley over the past few years, earlier this week the WSIB has released a set of te...

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Apr 2, 2015

By Mike MacLellan

Supreme Court of Canada Rules that Administrative Suspension is a Constructive Dismissal

An administrative suspension can be an effective tool for an employer to invoke when it needs to temporarily remove an employee from the workplace....

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