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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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Aug 7, 2014

Ontario Human Rights Commission Release New Policy on Mental Disabilities and Addictions

On June 14th, 2014, the Ontario Human Rights Commission (“Commission”) issued a new policy entitled, Policy on preventing discriminatio...

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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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Jul 3, 2014

Mandatory Occupational Health and Safety Training now in Effect

As per our blog of February 2014, the Ministry of Labour’s Training Regulation is now in effect.  For further information please see bel...

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Jun 27, 2014

By Mike MacLellan

Supreme Court of Canada Rules on Wal-Mart’s closure of Jonquiere, Quebec Store

The Supreme Court of Canada this morning released its decision in the 2005 closing of Wal-Mart’s Jonquiere, Quebec location upon certifi...

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Jun 26, 2014

Is the Termination Clause in your Company's Employment Agreement Enforceable?

It is common for employers to prepare written employment agreements containing termination provisions that seek to limit employee notice entitlem...

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Jun 19, 2014

Human Rights Tribunal finds there is No Duty to Investigate Absent Discrimination

On February 24, 2014, the Human Rights Tribunal of Ontario (the “Tribunal”) issued its decision in Scaduto v. Insurance Search Bureau, ...

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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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Jun 5, 2014

Supreme Court of Canada Decision in Irving Pulp and Paper Followed by Arbitration Board in Recent Policy Grievance

On June 14, 2013, CCP released a blog on the Supreme Court’s decision in the matter of Communications, Energy and Paper Union of Ca...

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May 29, 2014

By Rob Boswell

Ontario Court of Appeal: Wal-Mart Liable for the Bullying of an Employee by her Store Manager

Last week, the Ontario Court of Appeal issued its decision in the case of Meredith Boucher v. Wal-Mart Canada Corp and Jason Pinnock. We discu...

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May 22, 2014

Resignations in the Workplace – When Quitting isn’t Necessarily the End

The law with respect to determining the validity of a resignation in the workplace can seem as murky as the early summer waters of the lake at the ...

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May 15, 2014

Federal Court of Appeal Confirms Employer Obligation to Accommodate Childcare Needs

The notion that an employer could or should be responsible for ensuring that parents can access childcare is likely a daunting proposition for many...

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May 13, 2014

By Rob Boswell

WSIAT: Limits to Entitlement for Mental Stress Violate the Charter

On April 29, 2014, the Workplace Safety and Insurance Appeals Tribunal (the Tribunal) issued a much-anticipated decision addressing the constitutio...

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May 9, 2014

Ministry of Labour Initiatives

Employers should be aware of recent changes and initiatives from the Ministry of Labour under the Occupational Health and Safety Act (“OHSA&r...

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May 8, 2014

B.C. Human Rights Tribunal Awards Unprecedented $75,000 for Injury to Dignity and Nearly 500k in Total Damages

In keeping with the trend of rapidly increasing damage awards for human rights violations in the employment context (as blogged about by CCPartners...

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May 1, 2014

Ontario Court of Appeal Upholds Termination for Cause for Long-Service Employee who was Driving while Drunk

Most employment lawyers would agree that proving just cause for a single, isolated incident for a long-service employee is an uphill battle that is...

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Apr 29, 2014

By Mike MacLellan

Family Caregivers Bill-21 Passes Third and Final Reading in Ontario Legislature

Update:  Bill-21 received Royal Assent on April 29, 2014.  The amendments to the Employment Standards Act will take effect on October 2...

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