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May 10, 2012

Ontario Court of Appeal Upholds $20 Million Damage Award Against Former Employees Setting up Competitive Business

The Ontario Court of Appeal decision in GasTOPS Ltd. v. Forsyth and the trial decision that preceded it have found that “key employees”...

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May 8, 2012

Ministry of Labour's Summer Safety Blitzes to Focus on Young Workers

With the end of the school year comes the opportunity for students and young workers to earn money working in temporary and summer jobs.  Coin...

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May 3, 2012

By Mike MacLellan

Ontario Court Upholds Termination of Long-Service Employee for Serious Misconduct and Dishonesty

Employers have long grappled with the issue of how to properly discipline a long-service employee for an apparently isolated, but severe, incident ...

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Apr 26, 2012

Ontario Human Rights Commission: Requesting Facebook Passwords as Part of the Recruitment Process May be Discriminatory

In response to a growing trend of employers asking prospective employees for their login information for personal social media sites such as Twitte...

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Apr 19, 2012

By Kelsey Orth

Social Networking Trips Up Another Employee: Discharge Upheld for Gross Insubordination and Threats Made by Postal Employee in Facebook Posts

It appears that employees, in general, still do not appreciate the juxtaposition of the digital age with respect to employment: while social networ...

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Apr 12, 2012

By Susan Crawford

Mandatory WSIB Coverage for Independent Operators in Construction Industry

In 2008 the Ontario government introduced legislation (Bill 119, Workplace Safety and Insurance Amendment Act, 2008) that would require all indepen...

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Apr 5, 2012

Slapping Co-Worker not Just Cause Where Employer Does not Train Employees on Workplace Violence Policies

An Ontario judge recently found that an employee was not dismissed for cause after he struck a co-worker in violation of the employer’s workp...

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Mar 29, 2012

By Susan Crawford

Hiring a Former Employee? Beware of the “Prior Service” Baggage

A recent decision of the Supreme Court of British Columbia considered how to treat a break in an employee's service when determining entitlement to...

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Mar 29, 2012

Implementation of Bill 160 Set for April 1, 2012

On May 19, 2011, CCP reported on the passing of The Occupational Health and Safety Statute Law Amendment Act, (“Bill 160”) which was pa...

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Mar 22, 2012

Understanding Discrimination, Guidance from the Divisional Court

Peel Law Association v. Pieters is a recent decision that clarifies the test for discrimination, an important concept for employers to understand.&...

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Mar 15, 2012

By Mike MacLellan

An Employer’s Duty to Accommodate Still Trumps Privacy Rights

The ever-changing legal landscape in Ontario changed again in January when the Court of Appeal rendered its decision in the civil case of Jones v. ...

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Mar 8, 2012

Divisional Court Confirms That Employment Contracts Can Be Frustrated Due To Illegality

On November 7, 2011, the Ontario Divisional Court considered the issue of whether an employer is able to argue frustration of contract when an empl...

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Mar 6, 2012

Spring Blitz Targets 5 Construction Trades

Spring is in the air, and so is the buzz around construction sites again as the industry gears up for another season of work.  In keeping with...

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Mar 1, 2012

By Kelsey Orth

Court of Appeal Upholds 200k Damage Award for Failure to Continue Disability Coverage During Former Employee’s Assessed Notice Period

You may recall CCP reporting on a decision of the Superior Court of Justice last year that awarded a wrongfully dismissed employee compensation for...

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Feb 24, 2012

By Kelsey Orth

Longtime Client Honoured as one of Canada’s 50 Best Managed Companies!

Crawford Chondon & Partners LLP (“CCP”) is thrilled to announce that one of our longtime clients, and “friends of the firm&rd...

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Feb 23, 2012

By Susan Crawford

One Serious Incident of Dishonesty Justifies Summary Dismissal of Long-term Employee

A British Columbia arbitration board has held that an employee’s dishonesty during a workplace investigation into the employee’s conduc...

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Feb 16, 2012

Are You Ready for a Spike in Traumatic Mental Stress Claims?

Until recently, benefits for traumatic mental stress were only granted when an employee demonstrated that such stress was the result of a traumatic...

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Feb 9, 2012

By Susan Crawford

Employees Cannot Quit in the Face of Inadequate Working Notice says BC Court of Appeal

In the absence of legal just cause for dismissal, or a written employment agreement with a specific termination provision, implied in every contrac...

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Feb 2, 2012

Ontario Court of Appeal rules that the OHSA is not intended to “achieve the impossible – entirely risk free work environments”

In the recently decided case of R v. Sheehan’s Truck Centre the Court of Appeal acknowledged that the Occupational Health and Safety Act (&ld...

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Jan 26, 2012

New Test for Summary Judgment Developed in Recent Ontario Court of Appeal Decision

On December 5, 2011, the Ontario Court of Appeal (“OCA”) released its much-anticipated decision in Combined Air Mechanical Services Inc...

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