News & Events

On March 17, 2020, the Ontario government declared a state of emergency in response to the COVD-19 pandemic.  Since then, a number of provincial and federal measures have been put in place to assist employers and employees, and also to keep Ontarians safe, during these challenging and unprecedented times. Our collective new reality and employment

A great deal has changed in the past 30 days. COVID-19 has resulted in businesses being required to take economic measures which only weeks before would have never been contemplated: layoffs, salary cuts, even full closures by order of provincial governments. How long will this go on? What will it do to our economy? The

In Yenovkian v Gulian (“Gulian’), the court recognized for the first time in Ontario, the privacy tort of publicly placing a person in false light. The civil claim was brought as a cross-claim in an action that proceeded together with a family law trial. The defendant mother sought damages against her ex-husband of $150,000.00 for

Here’s the take away up front: have your employment contracts reviewed at least annually.  Over the last few years, in particular, the Ontario Court of Appeal has been weighing in on termination clauses in employment contracts. Andros v Colliers Macaulay Nicolls Inc. is another example of the Court reviewing an issue with respect to the

At Koskie Minsky LLP we recognize the increasing demands being placed on our clients in an ever growing digital age.  Over the years we have advised clients with respect to issues of privacy and data collection, but as this area becomes ever so more complex we have taken steps to formalize our efforts in order

In a decision released at the end of 2019, the Ontario Court of Appeal affirmed that the two year limitation period for wrongful dismissal claims arising out of the Limitations Act is not subject to a sliding scale based on when the employee learns that the action may succeed but rather, when the cause of

On October 23rd, 2019, the Ontario government announced new changes that will be made to Rule 76 (Simplified Procedure) under the Rules of Civil Procedure as well as changes to the monetary value of claims that can be brought in Small Claims Court. The purpose of these changes is to expedite court proceedings and to

In a recent decision of the Ontario Court of Appeal[1], the Court confirmed that 37 years of service in a senior management role does not constitute “exceptional circumstances” to justify a notice period over 24 months. Michael Dawe (“Dawe”) was employed with the Defendant, The Equitable Life Insurance Company of Canada (“Equitable Life”) for 37

The Ontario Court of Appeal has upheld the award of the trial judge finding an employer liable to pay $100,000 in punitive damages and a further $25,000 in aggravated damages, in addition to 19 months’ damages for wrongful dismissal. The employer alleged cause for the employee’s termination and in response to the employee’s claim for

The employee had worked for his employer for 14 years in a manual position in the mailroom. The benefit plan, including long term disability (“LTD”), was self-funded by the employer but administered, adjudicated and paid by Sun Life Assurance Company (“Sun Life”).  The employee received 2 years of short term disability but his request for