Cause for Concern – CRA Employees Terminated For Cause for Improper Collection of CERB Benefits
Dismissal for “just cause” is often referred to as the “capital punishment” of employment law, as employment is terminated without any notice or pay in lieu. As such, it is […]
The Road to Settlement is Paved with Admissible Communications
In a decision released earlier this year, the Ontario Court of Appeal affirmed that “without prejudice” communications are admissible to prove the existence of a settlement, even where those communications […]
That’s an Order! Ministry of Labour reminds Employers that Compliance with Orders to Pay (and other Statutory Obligations) are not Optional
A Toronto-based newspaper and advertising company – and its director – were recently fined $90,000 and $10,000 respectively for failing to pay employees the wages they were owed,[i] serving as […]
Never Settle for Uncertainty
In a pair of recent decisions, Justices MacPherson, Simmons and Nordheimer of the Ontario Court of Appeal remind us that as with other commercial contracts, courts will construe settlement agreements […]
New Hope for Employers for “Just Cause” Termination Provisions: Rahman v Cannon Design Architecture Inc.
In Rahman v Cannon Design Architecture Inc., 2021 ONSC 5961 (“Rahman”), Justice Dunphy of the Superior Court of Ontario rejected the plaintiff’s argument that a “just cause” termination provision in […]
A Cautionary Tale for Employers: Russell v The Brick Warehouse LP
In Russell v The Brick Warehouse LP, 2021 ONSC 4822 Justice Vella of the Superior Court of Ontario awarded a terminated employee $25,000 in moral damages due to the employer’s […]
Where to? Another Trip for Uber as the Heller v Uber Technologies Inc. Class Action Drives Ahead
Following the Supreme Court of Canada’s highly anticipated decision in Uber Technologies Inc. v Heller, 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice certified the class […]
WeirFoulds’ Commercial Litigation Practice Group lawyers contribute to the Civil Procedure & Practice in Ontario 2021
WeirFoulds Commercial Litigation Practice Group is proud to contribute to Civil Procedure & Practice in Ontario (“CPPO”), a new free online resource jointly published by the University of Windsor and […]
Elections in the Time of COVID: Employer Obligations on Federal Election Day and COVID-19 Considerations
On September 20th, 2021, Canadians will head to the polls to elect their next Prime Minister and members to Parliament. This will be the first time in the history of […]
Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident
In Eynon v Simplicity Air Ltd,[1] the Ontario Court of Appeal recognized that post-incident conduct in the workplace can expose an employer to additional liability. The Court upheld a jury […]
You Heard Us the First Time: Global Payrolls Determine Severance Pay Obligations in Ontario
In Hawkes v. Max Aicher (North America) Limited,[1] the Divisional Court strongly affirmed and expanded the 2014 ruling in Paquette v Quadraspec Inc[2] that an employer’s entire national payroll must […]
The Ontario Court of Appeal Provides a Clear Solution to the Common Employer Doctrine
In O’Reilly v ClearMRI Solutions Ltd.[1], the Ontario Court of Appeal clarified when the “common employer doctrine” will ascribe liability to a corporation in respect of an individual employed by […]
The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021
On May 29, 2020, as Ontario was in the midst of the first wave of the COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”) under Ontario’s Employment […]
Stay Home and Stay Safe: Ontario Announces Paid Sick Leave to Combat COVID-19 Pandemic
The ongoing COVID-19 pandemic has placed the Ontario government in the unenviable position of having to balance the need to protect workers with the need to preserve and protect Ontario […]
The Lawyer’s Daily cites WeirFoulds Partner Daniel Wong and Associate Max Skrow in an article on the increased inspections of workplaces in Ontario amid rise of COVID-19 cases
On April 16, 2021, John Schofield of The Lawyer’s Daily reported on the government of Ontario’s increased inspections of construction sites and workplaces provincewide as new COVID-19 cases reach unprecedented […]