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Mar 13, 2014

Compliance with AODA does not Necessarily Insulate Employers from Human Rights Liability

Since the adoption of the Accessibility of Ontarians with Disabilities Act, 2005 (“AODA”), many employers have raised questions of whet...

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Mar 6, 2014

By Rob Boswell

Disclosure of Settlement on Facebook by Daughter Breached Confidentiality Clause

In yet another very public disclosure of the existence of a settlement agreement, the Third Circuit Court of Appeals of Florida last week overturne...

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Feb 27, 2014

By Mike MacLellan

Ontario Court of Appeal Rules that Compliance with the Law is Not a Mitigating Factor, and there is no Jurisdiction for Concurrent Fines under OHSA

In its recent decision of R. v. Flex-N-Gate Canada Company, 2014 ONCA 53, the Ontario Court of Appeal ruled that post-accident compliance with mand...

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Feb 20, 2014

Supreme Court of Canada Requires Employer to Disclose Personal Employee Information to Union

On February 7, 2014 the Supreme Court released a decision affecting an employer’s obligation to provide personal employee information to an i...

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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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Feb 6, 2014

Mandatory Occupational Health and Safety Awareness Training by July 1, 2014

One of the focuses of the Dean Report was to ensure that more training was taking place on health and safety in Ontario workplaces.  The Minis...

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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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Jan 23, 2014

2013 IN REVIEW – A Look Back at the Cases and Legislative Changes that Impacted your Workplace

2013 saw a number of important decisions and legislative changes in the area of labour and employment law.    Over the course of the...

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Jan 16, 2014

Can an Employer Unilaterally Change its Pension Plan from a Defined Benefit Plan to a Defined Contribution Plan in the Unionized Context?

In recent years, most employers who have Defined Benefit pension plans (“DB” plans) are looking for ways to contain rising costs associ...

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Jan 9, 2014

OLRB Agrees to Hear Complaints related to Workplace Harassment Policies

Two recent cases at the Ontario Labour Relations Board (OLRB) may represent a new stance with respect to enforcing Bill 168 and the workplace haras...

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Jan 2, 2014

By Mike MacLellan

Restaurant Owners Ordered to pay $100,000 to Three Employees for Human Rights Violations

On December 4, 2013, the Human Rights Tribunal of Ontario rendered a decision awarding a large sum in damages, continuing the trend that has been s...

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Dec 19, 2013

By Mike MacLellan

Pension Benefits Cannot be Deducted from Employee Entitlements on Termination

Last week the Supreme Court of Canada delivered a ruling to clarify what has been an unsettled issue in employment law.  In a wrongful termina...

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Dec 12, 2013

By Kelsey Orth

Ability to Pay, Proper Comparators Key to Interest Arbitration Decision under HLDAA

Interest arbitration under the Hospital Labour Disputes Arbitration Act (“HLDAA”) is a process designed to address outstanding issues w...

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Dec 10, 2013

Proposed Bill 146 Significantly Impacts Employers

Bill 146, titled “Stronger Workplaces for a Stronger Economy Act, 2013” was introduced and carried through first reading of the Ontario...

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Dec 9, 2013

By Jay Rider

Ask Not What You Can Do for Your Employer But What Your Employer Must Do for You!

This is the message being sent to the labour relations community by arbitrator Lyle Kanee in a very recent award (re Communications, Energy and Pap...

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Dec 5, 2013

Court prohibits “forum shopping” by terminated employee, dismisses wrongful dismissal claim

The Employment Standards Act, 2000 (the “Act”) provides a mechanism through which employees may file employment standards complaints wi...

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Nov 28, 2013

$450,000.00 Punitive Damage Award – A Cautionary Tale for Employers

After a winding ride through our court system the case of Pate v. Galway-Cavendish has most recently received attention from our Court of Appeal wh...

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Nov 21, 2013

By Susan Crawford

’Tis the Season - What Employers Need to Know Before Hosting Holiday Parties

Hosting a holiday party for your employees is a great way to thank them for their hard work throughout the year. However, holiday parties that get ...

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Nov 14, 2013

Bill 105, the Supporting Small Businesses Act, Passes Second Reading

Bill 105, or the Supporting Small Businesses Act, recently passed a second reading after debate in the Ontario Legislature. The purpose of Bil...

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Nov 7, 2013

OCA Upholds Restrictive Termination Clause for Senior Level Employee

Many employers who seek to limit their liability upon termination of an employee introduce termination clauses that strictly limit an employee&rsqu...

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