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In what may be the first of many COVID-19 related constructive dismissal claims in Ontario, the Superior Court of Justice determined that employees...
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The plot surrounding the attempted elimination of the longstanding unofficial 24-month cap on reasonable notice continues to thicken. In recent yea...
By Mike MacLellan
By now you’ve read enough of our blogs to commit the common law reasonable notice of termination “Bardal” factors to memory: char...
A recent Ontario Superior Court decision, acts as a successor to the earlier Yee v Hudson’s Bay Company, 2021 ONSC 387 decision that we wrote...
In Yee v Hudson’s Bay Company, 2021 ONSC 387, an Ontario Court issued a ruling in what may seem like a very standard case of reasonable notic...
A recent Supreme Court of Canada (the “Court”) decision reinforced the employer’s duty of good faith and honesty in all contractu...
A recent New Brunswick Court of Appeal decision underlined the significance of alleging cause at the time of the termination, not after. Facts The ...
By Kelsey Orth
When it comes to termination of employment and wrongful dismissal, the case law in recent years has, to put it mildly, not generally favoured emplo...
By Susan Crawford
In a recent Ontario arbitration decision, Arbitrator Jesin considered the reasonableness of Algoma Steel’s policy to require all employees wh...
In Manthadi v. ASCO Manufacturing the Ontario Court of Appeal overturned the lower court’s summary judgment decision finding that the motions...
On June 26, 2020, the Supreme Court of Canada (the “SCC”) released its much-anticipated decision in Uber Technologies Inc. v Heller. Th...
By Jacob Love
The COVID-19 global pandemic has significantly changed how Ontario courts and administrative tribunals operate. In response to the pandemic, these ...
After over a decade of litigation, an Ontario court has ruled that the Canadian Imperial Bank of Commerce (“CIBC”) breached its overtim...
Employment relationships can be difficult to manage on their own, but often become more complicated where they engage the interests of third partie...
Last week Mike MacLellan blogged on a case where a unionized employee was terminated for sexually harassing another employee. This week we’re...
You may remember reading about the case of the nurse at Cambridge Memorial Hospital whose 28-year career was cut short when Arbitrator Dana Randall...
As many of our readers are aware, adjudicators have an array of options under the Canada Labour Code (CLC) to remedy an unjust dismissal. Of these ...
As our regular readers are likely well aware, the mischaracterization of workers has become a growing issue of concern for Canadian employers. The ...
The Canada Labour Code is the employment and labour legislation that applies to federal works, undertakings, and businesses. While m...
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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