Employers Not Liable for Tort of Negligent Investigation – But… – Jeffrey Murray and Jeremy Schwartz
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Taking a Hard Line on Termination Entitlements Ends Up Costing More
In a recent Court of Appeal Decision, Elsegood v Cambridge Spring Services, the Court awarded common law damages to an employee…
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Landon Young discusses recent case law on the enforceability of ESA termination provisions.
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Court of Appeal Protects Manager from Personal Liability on Employee Termination
A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision, Richards v….
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When can a resigning employee join a competitor?
A recent decision out of the Ontario Superior Court of Justice confirms that employees cannot give, contractually agreed, notice of…
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2016 Q2 HR-Law Webinar Part 5: ONCA on General Damages
Frank Portman discusses a recent Ontario Court of Appeal decision which greatly increased the scope of general and other damages…
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Supreme Court of Canada Rules in Favour of Postal Workers in Pay Equity Human Rights Decision
The claim was filed 28 years ago by female employees of Canada Post with the Canadian Human Rights Tribunal (the…
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Terra Firma No More: Supreme Court Changes the Ground Rules on Contracts
By: Jeremy D. Schwartz and Frank B. Portman The recent Supreme Court decision in Sattva Capital Corp v Creston Moly Corp …
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Alberta court rules on the limits of good faith in the performance of employment contracts
In a recent decision, the Alberta Court of Appeal strongly affirmed employers’ right to terminate employees without cause, and without…
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The Supreme Court to Lay Down the Law on Random Alcohol Testing
The law in Canada regarding random drug and alcohol testing has been inconsistent for some time, with the Alberta and…
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When is a lay-off actually a termination?
Employers in Ontario must be cautious before implementing “temporary” layoffs. Unless the employee and employer have a clear and valid…
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The Only Good News here is for Lawyers – COVID Leave Triggers Constructive Dismissal
By Jeremy Schwartz The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed”…
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Make Sure Pre-Employment Screening is Complete Before they Start
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Hussey v. Big Brothers Big Sisters of Peterborough Incorporated (“BBBS”), is…
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Quebec Introduces Incentives With New Work-life Balance Certification
The government of Quebec has recently introduced new incentives for businesses to promote work-life balance, through its “work-family balance certification”…
15 Apr 2011
CERB is over – Now What?
By: Jeremy Schwartz and Daniel Gaspar On October 2, 2020, Federal Bill C-4, An Act relating to certain measures in response…
20 Oct 2020
Bill 66 Proposes Further Employer-Friendly Amendments to Workplace Laws
The Ontario government introduced Bill 66, Restoring Ontario’s Competitiveness Act, 2018 on December 6, 2018. Bill 66 passed First Reading, and is…
10 Dec 2018