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Once a Construction Employee, Not Always a Construction Employee? Ontario Court Finds Yet Another Way to Invalidate a Termination Clause
By: Amanda D. Boyce and Erika M. Montisano A recent and troubling decision from the Ontario Superior Court of Justice…
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New Year’s Hangover: The Curious Case of the 27 Paycheque Year
The calendar has now changed over to 2015, and with the New Year comes an interesting legal situation for certain…
07 Jan 2015
Pay in Lieu of Notice by Salary Continuance Deemed Implicit Right
The Ontario Superior Court of Justice recently ruled in Bowes v. Goss Power Products Ltd., that a fairly standard termination provision…
29 Sep 2011
Addiction without compulsion: no defence to serious misconduct using the “hybrid” approach
The law on addiction has evolved over the years in arbitral jurisprudence. Earlier decisions treated illness as a mitigating factor…
03 Mar 2017
If it Looks Like Theft and Quacks Like Theft…the Employer may Still pay
While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent…
09 Sep 2014
2020 – An HR Law Year in Review
In 2020, employers were faced with unprecedented legal challenges brought on by the pandemic. Meanwhile, the courts and tribunals issued…
15 Jan 2021
British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan
Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan…
14 Feb 2014
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…
14 Dec 2011
You Have and ESA Inspector at the Door!
Don’t miss our comprehensive, half-day training seminar at the Sheraton Toronto Airport on Thursday, September 22.
29 Jul 2011
Court of Appeal Gives Mark-Fabricating Teacher an “F”
When is a single, serious instance of misconduct just cause for termination, particularly for a long-service employee? In Fernandes v. Peel…
22 Jun 2016
Court Strikes Down Release Signed on Termination
Ontario’s Superior Court of Justice recently struck down a release signed at a termination meeting. Read more about this interesting…
18 Jun 2012
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…
24 Jun 2014
Alleged Multi-Million Dollar Employee Benefits Fraud at Baycrest Hospital
Ryan Conlin quoted in the National Post and speaks with CTV News and 610 CKTB Radio re Multi-million dollar employee benefits fraud allegedly involving 150 Baycrest…
11 Jul 2019
Shifting Sands: Ontario Court of Appeal Upholds Termination Clause
Employers, ever-weary of the next judicial pronouncement on the enforceability of specific termination clauses in employment contracts, may mark a…
28 Feb 2018
No evidence? No aggravated damages – Employees must prove basis for damages based on manner of dismissal
The Ontario Superior Court recently confirmed that for a court to award damages based on the manner in which an…
08 Feb 2017