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Nov 20, 2014

Is it Discriminatory to Fire an Employee because of Poor English Proficiency?

Many employers grapple with the issue of how to approach or deal with employees who have trouble communicating proficiently in English, particularl...

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Oct 2, 2014

By Mike MacLellan

Ontario Court to Determine How Retirement Plans Affect Notice Periods

The Ontario Superior Court of Justice has recently decided a motion in Kimball v. Windsor Raceway Inc. and decided that it will have to hold a...

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Sep 4, 2014

Employers Can Contract Out of Post-Termination Bonus Obligations

One of the most hotly contested issues on termination is whether an employee is entitled to a bonus that would have been payable at a later date. O...

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Aug 14, 2014

A Risky Insistence: Why An Employer should exercise caution when including a Non-Compete Clause

Employers have the option of including a non-compete clause in an employment contract. The enforcement of this clause can provide an employer with ...

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Jul 31, 2014

By Mike MacLellan

Employer Cannot Expedite their Employee’s Resignation Without Proper Notice

By now we all know that an employer in Ontario can terminate any employee at any time without just cause, so long as the termination is not due to ...

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Jul 24, 2014

By Kelsey Orth

In Summary: Mitigation May Not Matter

Much was made in the legal community of the Supreme Court’s ruling on summary judgment that came out in January of this year.  We wrote ...

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Jul 17, 2014

Are Employers able to Deduct STD and LTD Benefits from Employee Common Law Notice Entitlements?

In a recent Ontario Superior Court decision, the court once again had to grapple with the question of whether an employer is entitled to deduct STD...

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Jun 17, 2014

By Rob Boswell

Ontario Superior Court: Employer’s Out-of-Province Payroll is Relevant to ESA Severance Pay Threshold

As a result of subsection 64(1) of the Ontario Employment Standards Act, 2000, certain circumstances of a dismissal trigger an obligation on the em...

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Jun 12, 2014

Wrongful Dismissal Notice Periods – Superior Courts do not set Precedents

In the recent decision, Kotecha v. Affinia Canada ULC, the Ontario Court of Appeal provided a useful reminder that trial level decisions are not bi...

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Feb 13, 2014

Can an Employee Transferred Outside of Ontario Still Sue for Wrongful Dismissal in this Province?

Sullivan v. Four Seasons Hotel Limited, a motion before the Ontario Superior Court of Justice, dealt with the issue of appropriate jurisdiction for...

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Jan 27, 2014

Supreme Court of Canada Broadens the Scope of Summary Judgment Proceedings - Will this be a Game Changer in Wrongful Dismissal Actions

A summary judgment is a procedure used during civil litigation to promptly and expeditiously dispose of a case without a trial or the pre-trial pro...

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