De Castro v. Arista Homes Limited: Judicial Guidance on Summary Judgment under Simplified Procedure, the Continued Importance of Waksdale and the Employer’s Evidentiary Burden to Prove a Failure to Mitigate
No two wrongful dismissal cases are exactly alike, but there are often similarities between them, including commencing the action under Ontario’s Simplified Procedure, a process available for lawsuits in which […]
Another Reason for Employers to Review the Termination Provisions in Employment Agreements: Dufault v. The Corporation Of The Township Of Ignace
A recent decision at the Ontario Superior Court of Justice has become a hot topic for employers and their employment agreements with employees. In Dufault v. The Corporation of the […]
When “All The Smoke” Leads to Fire: What Canadian Employers Can Take Away about Employee Off-Duty Conduct from Matt Barnes’ Recent Departure from NBC
The recent departure of sports analyst and former NBA player, Matt Barnes, who also co-hosts the All The Smoke podcast, from his position as Sacramento Kings media analyst at NBC […]
Going Viral for Being Fired: Implications for Employers When Employees Record their Termination
A recent trend of employees recording termination meetings has appeared on social media apps, such as TikTok, and creates new considerations for employers when conducting termination meetings. These videos show […]
New Year’s Resolutions for Employers in 2024
As we step into the new year, now is an opportune time for Canadian employers to reflect on the past year and develop resolutions to improve workplace practices, reduce potential […]
Workplace Investigation Gone Wrong: Court Awards Bad Faith Damages Due to Improper Investigation
A recent decision of the Ontario Superior Court of Justice serves as a cautionary tale for employers of the importance that workplace investigations are conducted in a thorough and impartial […]
(Tap-Tap-Tap… Is This Thing On?) Attention Employers – Be Aware: Court Awards Moral Damages Based on Recording of Termination Meeting
In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, Justice McKelvey of the Ontario Superior Court of Justice awarded a terminated employee $15,000 in moral damages because the employer acted […]
Employers Beware of the Risks of Fixed-Term Agreements
A recent decision affirmed by the Ontario Superior Court of Justice Divisional Court is a reminder to employers of the inherent risks of relying on fixed-term employment agreements, particularly where […]
Employers – Proceed with Caution: Ontario Court of Appeal Holds Material Changes to Employment Duties can Void Employment Agreement
In a recent decision, the Ontario Court of Appeal (the “ONCA”) applied the changed substratum doctrine in refusing to enforce an employment agreement due to material changes in the employee’s […]
Alberta Decision Holds Workplace Mask Requirement Does Not Amount to Constructive Dismissal
In a recent decision, Benke v Loblaw Companies Ltd., 2022 ABQB 461 (“Benke”), the Alberta Court of Queen’s Bench (the “Court”) dismissed a constructive dismissal claim brought by an employee […]
Employer Update: Paid COVID-19 Leave Extended in Ontario
As discussed in our previous article, on April 29th, 2021, the Ontario government introduced the COVID-19 Putting Workers First Act, which mandates paid sick days related to COVID-19. This program, […]
Waksdale Strikes Back: Ontario Court of Appeal Overturns Rahman; Employee Sophistication Cannot Save Deficient Termination Clause
Recently the Ontario Court of Appeal in its decision Rahman v Cannon Design Architecture Inc., 2022 ONCA 451, confirmed that employee sophistication and involvement in negotiation of an employment agreement […]
Reminder to Ontario Employers: Upcoming Deadlines for Workplace Policy Requirements
Ontario employers be advised: there are two upcoming deadlines to implement new workplace policies to comply with recent legislative amendments to the Employment Standards Act, 2000 (“ESA”). As a result […]
Bill 88 Introduces New Policy Requirement and Significant Changes for Employers in Ontario
On April 11, 2022, Bill 88 the Working for Workers Act, 2022 (“Bill 88”) received royal assent, making it law in Ontario. Bill 88 makes amendments to various employment-related statutes […]
Court of Appeal: One Incident of Sexual Harassment May Warrant Summary Termination
Dismissal for just cause has been described as the “capital punishment” of employment law. Indeed, courts are generally reluctant to uphold a dismissal for just cause absent a finding of […]