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Nov 14, 2019

By Mike MacLellan

“Freeze”. It describes not just this week’s weather, but also what’s happening to public sector salaries under Bill 124.

In June 2019 the Employers’ Edge Blog examined Ontario Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 ...

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Nov 7, 2019

By Kelsey Orth

DEALING WITH LONG-TERM ABSENCES: YOU MAY BE FED UP AS THE EMPLOYER, BUT THAT MIGHT NOT BE THE ONLY THING FRUSTRATED

  You may recall or already know that the doctrine of frustration of contract exists, and intersects with an employer’s duty to accommod...

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Oct 31, 2019

Ontario Court of Appeal Clarifies Dependent Contractor Status

As our regular readers are likely well aware, the mischaracterization of workers has become a growing issue of concern for Canadian employers. The ...

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Oct 24, 2019

By Jacob Love

The Production and Sale of Edible Cannabis Legalized as of October 17, 2019

As of October 17, 2019, the production and sale of edible cannabis, cannabis extracts and cannabis topicals became legal. Although fresh and dried ...

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Oct 18, 2019

By Jacob Love

Employer Pays A Heavy Price For Discriminatory Hiring Policies

A recent decision by the Human Rights Tribunal of Ontario provides a stark reminder for employers that hiring policies which violate Ontario’...

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Oct 10, 2019

By Susan Crawford

Ontario Court “Buries” Funeral Home’s 10 Year Fixed Term Contract – A Cautionary Tale for Employers

A recent Ontario Superior court decision serves as a stark reminder to employers that using fixed term contracts can lead to costly damages awards-...

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Oct 3, 2019

By Mike MacLellan

Take a Break: Court of Appeal Rules that Employee’s Rescinded Resignation Still Interrupted Length of Employment

The Ontario Court of Appeal has overturned a trial decision and found that when an employee resigned from employment, only to rescind the resignati...

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Sep 26, 2019

By Kelsey Orth

IMPORTANT: Employer Obligations in October 21 Federal Election

Many employers may be unaware that they have obligations to their employees in respect of the upcoming October 21, 2019 federal election, in terms ...

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Sep 19, 2019

You Get What You Give – Court Confirms it is appropriate to provide Part-Time Benefits when Accommodated Employee works in a Part-Time Position

By now most employers know (or should know) that accommodation is a difficult process to navigate. One of the challenges that employers must addres...

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Sep 12, 2019

By Susan Crawford

Yet Another Termination Clause “Bites the Dust” says the Ontario Court of Appeal – Where Do Employers Go From Here?

CCPartners has blogged on a number of court decisions over the last five years that have dealt with the enforceability of termination clauses, part...

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Sep 5, 2019

Canada Labour Code Amendments in Force September 1st

The Canada Labour Code is the employment and labour legislation that applies to federal works, undertakings, and businesses. While m...

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Aug 29, 2019

By Jacob Love

DUCK, EMPLOYEE OR INDEPENDENT CONTRACTOR: HOWEVER IT IS DESCRIBED, IT IS THE NATURE OF THE RELATIONSHIP AND NOT THE TITLE THAT MATTERS

The Ontario Superior Court’s decision in Marschall v Marel Contractors, 2019 ONSC 4692 serves as an important reminder for employers that sim...

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Aug 22, 2019

By Jacob Love

Fighting Fire with Favour: accommodation efforts for pregnant firefighter did not discriminate on the basis of sex or family status

In Ajax (Town) v Ajax Professional Fire Fighters' Assn, Local 1092 (Badame Grievance), [2019] OLAA No 238  the grievor was a pregnant firefigh...

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Aug 15, 2019

EI Officer’s Ruling Prevents Misconduct Allegations in Unjust Dismissal Hearing

As many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent ruling under the Canada Labour Code (the &ld...

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Aug 8, 2019

By Kelsey Orth

Tie Goes To The Runner: Termination Language Almost Upheld, But Potential Ambiguous Interpretation Leads Court To Award Reasonable Notice

In this space, you have seen numerous articles reporting on the latest decisions interpreting contracts of employment: employees challenging anythi...

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Aug 1, 2019

By Jacob Love

I Take it Back! Ontario Court of Appeal Allows Employee to Withdraw Her Resignation

Facts In English v Manulife Financial Corporation, the Court of Appeal overturned the motion judge’s finding (previously blogged on by CCPart...

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Jul 25, 2019

You Can’t Always Get What You Want – HRTO Confirms that Accommodation does not have to be Employee’s Preferred Accommodation

Employers are well aware of the significant obligation imposed by the duty to accommodate under the Ontario Human Rights Code. In a recent decision...

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Jul 18, 2019

By Susan Crawford

A Deal May Still be a Deal: Ontario Court of Appeal Overturns Summary Judgment Decision that Severance Transaction was Unconscionable while Entitlement to LTD Benefits was a Live Issue.

In the recent decision Swampillai v. Royal & Sun Alliance Insurance Company of Canada the Court of Appeal was asked to consider the issue of co...

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Jul 11, 2019

By Mike MacLellan

The Only Thing Certain Was The Outcome: Human Rights Tribunal Finds Employer Discriminated Based On Family Status, But Does Not Apply Either Competing “Test”

Employers have a responsibility to accommodate employees’ family status obligations up to a point of undue hardship.  The Human Rights T...

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Jul 4, 2019

By Kelsey Orth

THE FRUSTRATION OF ACCOMMODATION GETS A BIT OF CLARITY: FRUSTRATION OF CONTRACT RESOLVED BY WAY OF SUMMARY JUDGMENT, EMPLOYER VINDICATED

A welcome decision for employers recently came to light as the Ontario Divisional Court in Katz et al. v. Clarke, 2019 ONSC 2188 ruled that frustra...

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