News & Events
Uber Class Action Back in Gear
January 22, 2019
In the Ontario Court of Appeal’s first decision of the year, Heller v Uber, 2019 ONCA 1, the court held that an arbitration clause in the terms that individual drivers are required to “accept” to become drivers for Uber breached the prohibition on contracting out of the Employment Standards Act (ESA), and was otherwise unconscionable
Expertise
Employment Law
Choice of Law Clause Enforced
January 14, 2019
What will an Ontario Court do when faced with a California based employee who is seeking to enforce rights pursuant to a contract against his American employer, for termination of his employment? If his employment contract provides that the contract would be governed by, and construed in accordance with the laws of the Province of
Expertise
Employment Law
Ford Government Tables Bill 66
December 11, 2018
Last week, the Ford Government tabled the Restoring Ontario’s Competitiveness Act, 2018, more commonly known as Bill 66. Debate on the Bill will not begin until February 19, 2019, but given the substantial PC majority in the House, it is likely that some version of the Bill will receive Royal Assent in the spring of
Expertise
Employment Law
Bill 47 Changes to Ontario Labour and Employment Legislation Have Now Passed
November 30, 2018
Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. On November 21, 2018, Bill 47 passed third reading, and received Royal Assent the same day. Bill 47 has made many important changes to various pieces of legislation governing employment
Expertise
Employment Law
Bill 47 Proposes Significant Changes to Ontario Labour and Employment Legislation
October 24, 2018
Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. Bill 47 makes many important changes to various pieces of legislation governing employment and labour relations in Ontario, principally the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act,
Expertise
Employment Law
2 Important Lessons – ESA compliance by an Employer is not Ever Constructive Dismissal & We are Reminded that Family Status Accommodation is a Dialogue
October 1, 2018
When we act as counsel to employers, we can be confronted with policies and practices which often have been in place for a long time and may turn out to not actually be in compliance with employment standards requirements. If we work together, we can attempt to find a route typically to become compliant and
Expertise
Employment Law
Further Clarification on Mitigation Earnings and Deduction from Damages
July 4, 2018
The Michaels v. Red Deer College decision of the Supreme Court of Canada from 1976 held that employees pursuing wrongful dismissal damages have a duty to mitigate their damages. Mitigation earnings reduce the liability of the employer for damages during the notice period to the extent of those earnings. But what if the terminated employee
Expertise
Employment Law
New Posting Requirements for Employers under the Smoke-Free Ontario Act, 2017, Effective July 1, 2018
June 8, 2018
The Smoke-Free Ontario Act, 2017[1] (“SFO”) comes into force on July 1, 2018, repealing and replacing the Electronic Cigarettes Act, 2015[2] and the Smoke-Free Ontario Act[3] (collectively, the “Repealed Acts”). Most notably for employers, the SFO contains new posting requirements for signs and prohibitions regarding the use of medical cannabis. The SFO expands on the
Expertise
Employment Law
BILL 148 UPDATE: ONTARIO GOVERNMENT REVERTS BACK TO OLD PUBLIC HOLIDAY PAY FORMULA – FOR NOW!
May 10, 2018
On January 1, 2018, a number of amendments to the Employment Standards Act, 2000 (“ESA”) came into effect under Bill 148. These amendments required substantial updates to employer practices, policies, and handbooks. One of the amendments was to the public holiday pay formula in Part X of the ESA. However, the new rules and formula
Expertise
Employment Law
Recovery of Variable Compensation during the Notice Period
April 23, 2018
The issue of what a court will do when faced with a claim for variable compensation in the form of a Carried Interest Plan, much like a profit sharing plan, in which profit was recognized some 3-7 years following the initial investment, came before the Honourable Mr. Justice Monahan recently. In a decision released in
Expertise
Employment Law