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Nov 24, 2016

Increased Criminal Liability for a Breach of Provincial Health and Safety Law

Perhaps, according to the recent decision in R. v. Fournier!  In April 2012 a workplace accident from a collapsed trench wall resulted in a fa...

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Nov 17, 2016

By Angela Wiggins

Summary Judgment Motions: Navigating their Increased Use in Wrongful Dismissal Claims

Recently, employers responding to wrongful dismissal litigation may have noticed a trend of plaintiffs seeking to resolve matters quickly by bringi...

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Nov 10, 2016

By Angela Wiggins

Proceed With Caution: Enforcing Restrictive Covenants is an uphill battle

Many employers want to prevent employees from pursuing their customers when or if the employee moves to a competitor. The bad news is that formaliz...

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Nov 3, 2016

By Susan Crawford

Digging Deep – Vale Canada Limited fined $1 Million for OHSA violations

As most are aware, fines being levied under the Occupational Health and Safety Act (“OHSA”) have been on the increase for convictions....

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Oct 27, 2016

By Mike MacLellan

CCP’s Take on the CPP – Episode III: The Empire Strikes Back (at ORPP)

So it’s not exactly the Empire versus the Rebels, but the Trudeau government has effectively nixed the Ontario provincial mini-Empire’s...

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Oct 20, 2016

By Kelsey Orth

Premature Ending not a Happy One for Employer: Early Termination of a Fixed-Term Contract Leads to Significant Damage Award

We have written before on the perils of (mis)using defined-term contracts.  The issue we encounter in our practice most frequently is the repe...

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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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Oct 6, 2016

The Family Status Debate Continues - Ontario Human Rights Tribunal Proposes New Test

The Ontario Human Rights Tribunal has crafted yet another plot twist in the evolving legal test for family status discrimination. Over the past few...

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Sep 29, 2016

Expectation of Privacy is Lost once Text Messages are Received

In 2012 the Supreme Court of Canada released the decision R. v. Cole that found employees have a reasonable expectation of privacy with respect to ...

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Sep 22, 2016

By Susan Crawford

Money Doesn’t Matter!

Financial Circumstances of Employer Not a Proper Factor in Assessing Reasonable Notice As employer counsel, it is not unusual for us to hear from ...

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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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Sep 8, 2016

By Kelsey Orth

“Too Much” is Never Enough when Dignity Injured: B.C. Human Rights Tribunal’s Ground-breaking Award Restored by Court of Appeal

You may recall that CCPartners wrote in November of last year about a case making its way through the judicial review process in British Columbia.&...

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Sep 1, 2016

By Angela Wiggins

Time for Employers to go Back to School on the legalities of Internships

It’s back to school time. For many students, this means the beginning of looking for placements at employers to build on their classroom expe...

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Aug 25, 2016

By Angela Wiggins

A Cautionary Tweet: Employer Customer Service Accounts must not encourage harassment or a toxic work environment

A recently released decision on a grievance originally filed by the Amalgamated Transit Union against the Toronto Transit Commission (“TTC&rd...

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Aug 18, 2016

Sweeping New Requirements for Employers to Tackle Workplace Harassment and Sexual Harassment

On September 8, 2016 the Occupational Health and Safety Act (OHSA) will be amended to bolster an employers obligations with respect to harassment p...

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Aug 11, 2016

By Susan Crawford

Tribunal Finds Employee Failed to Meet Onus of Demonstrating Firing was Discriminatory

  A recent Ontario Human Rights Tribunal decision confirms that not every complaint of discrimination will find a sympathetic ear at the Trib...

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Jul 28, 2016

Arbitrator Finds that Grievor’s Subjective Perception of Supervisor’s Conduct NOT Harassment

What is harassment?  Is it excluding employees from speaking at a meeting, criticizing for chewing gum and not saying good morning? Or does i...

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Jul 21, 2016

By Kelsey Orth

Ontario Court Confirms an Employer’s Right to Impose Administrative Suspension During Workplace Investigation

Since Bill 168 changes to the Occupational Health and Safety Act took effect in 2009 with respect to violence and harassment in the workplace, we h...

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Jul 14, 2016

By Angela Wiggins

HOT OFF THE PRESS! Supreme Court of Canada restores requirement for just cause dismissal under the Canada Labour Code

The Supreme Court of Canada (“SCC”) has released its decision on Atomic Energy of Canada Ltd v Wilson. We first told you about this cas...

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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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