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May 23, 2019

By Angela Wiggins

Recent Court of Appeal Decision Highlights The Risks of Re-Hiring Formerly Terminated Employees

Employers are increasingly aware of their obligations to investigate workplace sexual harassment and provide a workplace free of workplace sexual h...

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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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May 9, 2019

By Mike MacLellan

Purported Franchisor gets Taken to the Cleaners: Supreme Court of Canada Rules that Independent Contractor was In Fact an Employee

Once in a while I speak with a new client about their employment law obligations, and they inform me that they don’t have any employees. ...

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May 2, 2019

By Kelsey Orth

NOT EVERYONE WANTS THE LATEST TECHNOLOGY IN THEIR VEHICLE? TOO BAD, SAYS ARBITRATOR IN JUSTIFYING IN-CAB EMPLOYEE MONITORING SYSTEM

Today’s workplace has an interesting dynamic when it comes to technology and employees: while employees generally want access to all the tech...

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Apr 25, 2019

By Angela Wiggins

Tread Lightly: Employers are Reminded of Risks in Relying on Assumptions in Accommodation Cases

Employers are well aware of the duty to accommodate under the Ontario Human Rights Code (“OHRC”), and any employer who has been involve...

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Apr 18, 2019

By Cristina Tomaino

Employer’s Decision to Refuse Employment to Medicinal Marijuana User Upheld on Judicial Review

Canadian employers are increasingly required to balance their duty to maintain a safe working environment with the duty to accommodate the use of m...

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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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Apr 4, 2019

By Mike MacLellan

Bill 66 Passes in Ontario Legislature - It Turns Out the Sky is Not Falling After All

The Ontario government has passed Bill 66, known as Restoring Ontario’s Competitiveness Act, 2019.  It is an omnibus bill making amendme...

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Mar 28, 2019

By Kelsey Orth

Court Comes Down on Employer: Failure to Train and Failure to Ensure Fall Protection Equipment Used Leads to Hefty Fine

As you know, the Provincial Government has the authority to publish convictions under the Provincial Offences Act, including those for violations o...

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Mar 21, 2019

By Cristina Tomaino

Court of Appeal Rules No Freestanding Tort of Harassment in Ontario

Back in 2017, we blogged about Merrifield v. the Attorney General (“Merrifield”), a decision where the Superior Court of Justice recogn...

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Mar 14, 2019

By Angela Wiggins

Time to Re-Think Accommodation Lists? WSIB Injuries Can Be Given Preferential Treatment

The Ontario Divisional Court has upheld the Ontario Human Rights Tribunal decision of Carter v. Chrysler Canada Inc. which found that an employer w...

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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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Mar 1, 2019

By Rob Boswell

NEW WSIB OPERATIONAL POLICY FOR MEDICAL CANNABIS

The WSIB has established an operational policy setting out guidelines for entitlement to, review of, and payment for medical cannabis under the Wor...

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Feb 28, 2019

By Mike MacLellan

It’s OPEN Season in the Construction Industry – Tips for Employers to Avoid the Pitfalls of the 2019 “Open Period”

Ontario’s construction industry has a two-month “open period” every three years, where trade unions will attempt to raid each oth...

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Feb 21, 2019

By Kelsey Orth

Would Casey Jones get a Second Chance Today? Arbitrator Reinstates Locomotive Engineer After Incident Involving Alcohol on Duty

As many employers know, the accommodation process is far from simple.  Then, when you put the duty to accommodate in the context of discipli...

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Feb 14, 2019

By Cristina Tomaino

Ontario Labour Relations Board Confirms Threshold for Severance Pay Limited to Ontario Payroll

As many of our regular readers likely know, section 64 the Employment Standards Act, 2000 (“ESA”) provides that employees with five (5)...

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Feb 7, 2019

By Angela Wiggins

Temporary Layoffs – Why an on again, off again relationship is risky for employers

Businesses regularly experience ups and downs. In some cases the good and bad cycles can be predictable and in some cases a downturn is unexpected....

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Jan 31, 2019

By Jayson Rider

The Devil (Narcotics) Made Her Do It! Nurse Ordered Reinstatement and Compensation Notwithstanding Multiple Instances of Narcotic Theft/Falsifying Medical Records/Resident Abuse

In the latest of a number of really disturbing and head-scratching arbitral decisions involving the theft of narcotic drugs by drug addicted heal...

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Jan 24, 2019

By Mike MacLellan

Ontario’s Court of Appeal Refuses to Reinstate Jail Sentence in Occupational Health and Safety Case

Back in 2017, CCPartners blogged about a Summary Appeal decision in which a sentence of a $500,000 corporate fine and jail sentences for the two di...

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Jan 17, 2019

By Kelsey Orth

CLASS ACTION AGAINST UBER DRIVING ONWARD IN WAKE OF RECENT COURT OF APPEAL DECISION

You may be aware of some of the worldwide challenges faced by Uber as an employer; in fact I wrote in this space last year about a specific ruling ...

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