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ONCA Finds “Golden Parachute” Provision not Implicitly Subject to the Duty to Mitigate
In a decision by a rare, five-judge panel, the Ontario Court of Appeal (ONCA) ruled that a specific notice provision…
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201701 Quarterly HR Law Webinar 01: Use of Discipline Records for Just Cause
Frank discusses how to best ensure you may rely on disciplinary records to prove just cause
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Jurisdictional disputes in employment contracts
In this electronic age, many employers will make offers of employment via email. When the offer is being made to…
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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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Does a COVID Leave Trigger Constructive Dismissal? Even Courts are Coming to Opposite Conclusions
By Jeremy Schwartz and Haadi Malik In April, the Ontario Superior Court of Justice ruled in Coutinho v Ocular Health Centre…
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Accessibility for Ontarians with Disabilities Act: How the Integrated Accessibility Standards Will Affect You – Jessica Young
Accessibility for Ontarians with Disabilities Act: How the Integrated Accessibility Standards Will Affect You – Jessica Young
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When is an Owner an Employee?
When is an owner also an “employee”? The Supreme Court of Canada recently rendered a decision on the question of…
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Accessibility for Ontarians with Disabilities Act: What Employers Need to Know Now – Jessica Young
Accessibility for Ontarians with Disabilities Act: What Employers Need to Know Now – Jessica Young
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Employer Not Required to Bridge Terminated Employee to Retirement
By: Landon Young and Jessica Young Non-unionized employees are entitled to “reasonable notice” of termination under the common law, or…
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The Accidental Termination
A recent Ontario Court of Appeal decision highlights the importance of maintaining composure – and not venting frustrations upon employees….
15 Mar 2017
Blame the Lawyer? Drawing Best Practices for In-House Counsel from the Jurisprudence
By: Jeremy Schwartz and Amanda Boyce In-house counsel is often the unsung hero of a legal saga, having guided their…
14 Sep 2016
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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Stress Claim Tsunami: New Approach to WSIB Stress Claims
Ryan Conlin and Jeremy Schwartz discuss a landmark WSIAT decision which held sections of the Workplace Safety and Insurance Act…
29 May 2014
Mitigating by returning to work: it depends on the circumstances
When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be…
02 Jun 2017
When a resignation isn’t really a resignation
How do you know when an employee has quit her job? It may seem like a simple question, but the…
24 Jan 2017