News & Events

We know that non-competition agreements are generally not enforceable in the employment context in Ontario if they were entered into after October 25, 2021, except in a handful of situations.  However, that still leaves: the rest of Canada; agreements prior to the magic date; those handful of exceptions; and of course, independent contractors.  In short,

In March 2024, the Court of Appeal for Ontario dismissed an employer’s appeal from the judge’s decision in Teljeur v. Aurora Hotel Group, 2023 ONSC 1324 (“Teljeur”).  The Honourable Justice Michael K. McKelvey of the Ontario Superior Court of Justice awarded seven months’ pay in lieu of notice and $15,000 in aggravated damages to a dismissed employee.

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter — all his force dares not cross the threshold of

I was invited recently to speak at the HRPA Conference on the issue of bad faith damages.  I was focusing on the history of these awards and quantum. Then on May 2, 2024, the Ontario Court of Appeal released a decision in Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332 which upheld an aggravated

In January 2024, the Ontario Superior Court of Justice ruled in Ratz-Cheung v. BMO Nesbitt Burns Inc., 2024 ONSC 161 (“Ratz-Cheung”), that the employer had not established just cause for dismissal after asserting after-acquired cause. The Court found that the employee breached the employer’s Code of Conduct but viewed the employee’s misconduct as a lapse in judgment

On April 1, 2024, the Financial Services Regulatory Authority of Ontario (FSRA) Information Technology Risk Management Guidance (“the Guidance”) became effective. The Guidance is applicable to all entities and individuals regulated by FSRA including pension plan administrators. Pension plan administrators must consider whether their existing cybersecurity and/or IT risk management policies currently comply with the

On April 5, 2024, Nova Scotia passed the Financial Measures Act (“Bill 419”), which includes changes to the Pensions Benefits Act (“PBA“) pertaining to shortened life expectancy and non-resident unlocking rules. While the PBA currently permits unlocking in cases of shortened life expectancy, it specifies that the pension may be varied to account for shortened

The Federal Government issued Budget 2024 yesterday. In this post, we discuss announcements relating to pension funds, employee ownership trusts, and worker cooperatives. Budget 2024 did not introduce any significant substantive measures relating to pension plans or employee life and health trusts. Moreover, Budget 2024 did not address the application of the new trust reporting

On March 26, 2024, the Government of Ontario released its 2024 budget.  The budget reaffirmed the Ontario Government’s intention to implement a permanent framework for target benefit pension plans as of January 1, 2025.  The Government indicated that it intends to publish draft regulations in the summer of 2024, which will take into consideration feedback

On March 21, 2024, Bill 149 – Working for Workers Four Act, 2024 received Royal Assent. Initially announced on November 14, 2023, Bill 149 introduces various legislative changes including the following amendments to the Employment Standards Act, 2000 (“ESA“): As of March 21, 2024: Work performed during a trial period will now fall within the

On February 6, 2024, the Federal Court of Appeal (the “Court”) dismissed a judicial review application brought by the Attorney General of Canada (the “AGC”)  in Canada (Attorney General) v. Lyons, 2024 FCA 26. In that ruling, the Court found the decision of the Federal Public Sector Labour Relations and Employment Board (the “Board”) in

The Canadian Human Rights Tribunal (“CHRT” or “Tribunal”) ruled in Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43 (CanLII), that misgendering and deadnaming an employee who specifically and repeatedly asked to have their gender identity respected is a discriminatory practice that is contrary to the Canadian Human Rights Act (“CHRA”). The Tribunal affirmed

In a decision of the Honourable Mr. Justice Cavanagh released January 2, 2024, Boyer v. Callidus Capital Corp., [2024] O.J. No. 41, 2024 ONSC 20, the Court held that an employer had not clearly communicated the restrictive terms of its policies with respect to vacation carry-over, deferred bonus payment and the exercise of stock options, and

The Not-for-Profit Corporations Act, 2010 (Ontario) (the “ONCA”) came into force and replaced the predecessor legislation governing Ontario not-for-profit corporations, the Corporations Act (Ontario) (the “OCA”). Among other things, the ONCA streamlines the incorporation of Ontario not-for-profit corporations (“NFPs”), simplifies certain processes including those in connection with registrations, searches and filing annual returns, introduces a

The Federal Government’s 2023 Fall Economic Statement included three significant announcements regarding pension fund investments, which we unpack in this post: That the Government will “work collaboratively” with Canadian pension funds to “create an environment that encourages and identifies more opportunities for investments in Canada”. That the Government will “explore” removing the “30 per cent

We assist clients manage all kinds of risks associated with employment. Legislative compliance is one such risk. Let’s address frequently neglected obligations of an employer that we are rarely asked about.  It is fall, almost Halloween, and we are not here to scare you, but how about an HR check-up? If you are a provincially-regulated

A recent decision of the Ontario Labour Relations Board found that the Employer could not use the results of a post-incident drug test to suspend or dismiss the employee. The Grievor reversed a vehicle into the hitch of a trailer damaging the door of the vehicle. The incident analysis, as conducted by the company, indicated

THE QUESTION The company I work for is moving its head office. That will increase my commute time to 80 minutes from 20, plus additional costs to pay for public transit. The ability to walk to work was a factor in choosing this job. Am I entitled to any compensation for the office relocation? I

Overview On September 1, 2023, the Ontario Ministry of Finance released a revised consultation paper on proposed amendments to the Pension Benefits Act (the “PBA”) and the regulations under the PBA to implement a permanent regulatory framework governing target benefit plans.  The revised consultation paper, entitled “A Permanent Framework for Target Benefits: Revised Proposals,” reflects

On August 4, the federal government released a series of technical draft amendments to the Income Tax Act (Canada) and the Income Tax Regulations (the “ITRs”) to implement previously announced commitments in Budget, 2023.  Among the proposed measures included in these amendments are changes to the rules governing specified multi-employer plans (“SMEPs”) under s. 8510

Koskie Minsky acted in a recent case before the Workplace Safety and Insurance Appeals Tribunal (the “WSIAT”), where David Ragni, a lawyer in our labour department, successfully argued that an injured worker was entitled to reimbursement for medical cannabis purchased from Compassion Clubs without receipts. Background In 2007, the injured worker received authorization from Health

On May 29, 2023, for the first time in 19 years, the Office of the Privacy Commissioner of Canada (“OPC”) updated their guidance concerning privacy in the workplace and the application of the Personal Information Protection and Electronic Documents Act (“PIPEDA”). The guidance clarifies employee privacy rights, constrains employee monitoring and clarifies practical tips for

In June 2023, the Canadian Association of Pension Supervisory Authorities released detailed draft guidelines on pension plan risk management. CAPSA is inviting submissions from pensions stakeholders until September 30, 2023. This guidance builds on previously released CAPSA guidelines on governance, funding, and investment practices, and provides specific recommendations on risk management, third-party risk, cyber risk,

On July 1, 2023, the Ontario government published proposed regulations that would extend the Specified Ontario Multi-Employer Pension Plan (“SOMEPP”) regime for the period from January 1, 2024 to January 1, 2025. The proposed regulations are publicly available online on the Ontario Regulatory Registry. These regulations were initially introduced in 2007, to provide temporary solvency

The Ontario Court of Appeal has now issued a decision confirming the law with respect to workplace harassment investigation reports, wherein the investigator /author of the report, will not be liable for defamation for the findings in the report. In the case at bar, the employer, through legal counsel, retained the service of a workplace

In a recent decision of the Ontario Divisional Court, the Court dismissed an application for judicial review of an administrative decision by the Bluewater District School Board (“the Board”). In Gillies v Bluewater District School Board 2023 ONSC 1625 (CanLII), the applicant sought to quash the decision together with a declaration that the decision unjustifiably violated her

In a recent decision of the Ontario Court of Appeal, the court considered a case of pandemic layoff and whether 9 months after the layoff occurred, the employee could be said to have condoned the layoff. The Court of Appeal relied upon one of its earlier decisions in McGuinty v. 1845035 Ontario Inc., 2020 ONCA

Can I be fired for time theft? Is my employer allowed to electronically monitor me? The quick answer to both questions is yes. While the standard for establishing a termination for cause is high, there are circumstances in which a court will uphold such a decision by an employer to terminate an employee without notice—typically,

Both the federal and Ontario 2023 budgets include measures intended to draw and maintain workers in the skilled trades. Both budgets tie the need for more workers in the skilled trades to plans to increase the building of new homes in the coming years. Canada’s 2023 Budget aims to assist tradespeople in purchasing equipment through

Canada’s 2023 Budget proposes to increase RESP withdrawal limits and to make various changes that will make it easier for individuals to establish and maintain Registered Education Savings Plan (“RESP”) and Registered Disability Savings Plan (“RDSP”) for family members. Budget 2023 also proposes approximately $13 billion over the next five years to implement the national

On March 14, 2023, the Ontario Ministry of Finance released its long-anticipated consultation paper on the regulatory framework intended to govern target benefit plans, “A Permanent Framework for Target Benefits.”  The proposal can be accessed online at https://www.ontariocanada.com/registry/view.do?postingId=44107&language=en. BACKGROUND In 2007, the Ontario government introduced temporary funding measures, permitting multi-employer pension plans that satisfied prescribed

Since being released, Ontario courts have applied Waksdale v. Swegon North America Inc., 2020 ONCA 391 (“Waksdale“) and held that where a ‘for cause’ provision violates the Employment Standards Act, 2000 (“ESA“), all clauses in the employment contract are void and unenforceable, thus entitling employees to full common law notice. This was no different in

As we start off the new year it is a good time to review your practices and think of adopting some new ones.  What are the ways to do what you do better?  Here are a few thoughts on what we see businesses missing or getting wrong with great frequency. Not updating policies Your Workplace

Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95 On November 21, 2022, the Federal Public Sector Labour Relations and Employment Board (the “Board”) released its decision in Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95. This decision follows the Board’s previous ruling in Lyons v Deputy Head (Correctional Service

  On October 31, 2022 the Ontario government introduced Bill 28 (“Bill 28”), the Keeping Students in Class Act. The Bill involves a broad and aggressive legislative attack on the constitutional rights of workers to engage in collective bargaining. Bill 28 arrived in the midst of ongoing bargaining between the government and education workers represented by

The Ontario government is conducting a consultation regarding a portable benefits program for part-time, temporary and contract workers. This program would attach health and dental benefits to workers rather than to employers. No potential aspects of plan design or administration have yet been shared. The Ontario Health Insurance Plan (“OHIP”) covers services such as visits

While the 2021 ESA amendments relating to non-competition agreements are likely to limit the circumstances in which such agreements can or will be used in the future, non-competition agreements that were in place prior to the ESA amendments remain unaffected. The legal enforceability of non-competition agreements that pre-date the ESA amendments continue to hinge on

In Luckman v. Bell Canada, 2022 CHRT 18, the Canadian Human Rights Tribunal (“Tribunal“) ordered the employer, Bell Canada (“Bell“), to pay more than $120,000 in damages to a former employee who was recklessly terminated by Bell. The Tribunal held that the respondent employer discriminated against the complainant contrary to section 7 of the Canadian Human Rights Act, RSC

In a recent decision in Mason v. The Queen, the Honourable Justice Dominique Lafleur of the Tax Court of Canada held that motor vehicle expenses that a construction foreman incurred driving to and from his home and his employer’s worksites were deductible under section 8(1)(h.1) of the Income Tax Act, R.S.C., 1985, c. 1 (5th

The Ontario Court of Appeal in the 2019 decision of Dawe v. the Equitable Life Insurance Company of Canada held that only exceptional circumstances would support the award of a notice period in excess of 24 months in relation to the termination of someone’s employment. Recently they had occasion to review that decision.  At trial

On June 1, 2022, Revenu Quebec announced a new incentive program to encourage holders of unclaimed financial assets to remit these assets to Revenu Quebec. The Unclaimed Property Act imposes obligations on holders of unclaimed property – which includes benefits under a registered pension plan – to report and remit unclaimed financial assets to Revenu

After a series of extensions, deemed infectious disease emergency leave (“deemed IDEL”) will expire on July 30, 2022, and paid infectious disease emergency leave (“paid IDEL”) is set to expire on July 31, 2022. Deemed IDEL Recap Subject to certain exceptions, the Ontario government instituted temporary relief from Employment Standards Act, 2000 (“ESA”) termination and

As public health responses adapt to an ongoing and evolving COVID-19 pandemic, now dominated by the Omicron variant, arbitrators continue to consider whether mandatory workplace vaccination policies remain reasonable. In two recent decisions, Alectra Utilities Corporation v Power Workers’ Union and FCA Canada Inc. v Unifor, Locals 195, 444, 1285, labour arbitrators recognized the importance

With the summer months here and many workplaces and employees focused on upcoming time off, it is important that workplaces ensure that they are up to date on new workplace requirements in Ontario. Right to Disconnect Policy For the first year of this new requirement, employers that employed 25 or more employees on January 1,

It is not a criminal act to record conversations where you have the consent of one of the parties, typically by the one who is doing the recording.  However, we now have a case out of British Columbia finding, criminal or not, it was an invasion of privacy and was cause for the termination of

On April 5, 2022, the Government of Ontario announced that the general minimum wage rate will increase to $15.50 per hour on October 1, 2022. This increase will represent a $0.50 increase from the $15.00 per hour minimum wage which was implemented on January 1, 2022. The general and specialized minimum wage rates that will

On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government’s (the “Government“) 2022 budget  (the “2022 Budget“), entitled “A Plan to Grow Our Economy and Make Life More Affordable”. Of particular interest to unions and pension and benefit plan administrators are announcements concerning public dental and pharmacare programs, the loosening of borrowing rules

The Working for Workers Act, 2021 Recently, the Ontario government introduced significant changes to workplace laws, intended to provide a wide array of benefits to employees in the province.  On December 2, 2021, Bill 27: Working for Workers Act, 2021 (“Workers Act“) received Royal Assent. Two of the most notable changes are: i) a prohibition on

On February 11, 2022, the Government of Ontario filed Ontario Regulation 66/22 (the “Regulation”), which amends the General regulations under the Pension Benefits Act to exempt defined contribution pension plans from certain regulatory requirements.  The Regulation specifically exempts such pension plans from 1) the requirement to file an auditor’s report with FSRA where the assets

On February 4, 2022, the Department of Finance released draft legislation that will, subject to certain conditions, permit administrators of defined contribution (“DC”) pension plans to correct past contribution errors.  The proposed amendments can be accessed at https://fin.canada.ca/drleg-apl/2022/ita-lir-0222-1-eng.html. The current Income Tax Act (the “ITA”) rules governing DC pension plans do not allow for “catch-up”

In a recent decision of the Ontario Superior Court of Justice, the principles in the now infamous Waksdale v. Swegon North America Inc., 2020 ONCA 391 decision were applied to a fixed term contract, striking out a termination clause where the ‘for cause’ termination provision was broader than permitted by the Ontario Employment Standards Act, 2000

In a decision issued on February 7, 2022, Arbitrator Gail Misra struck down an employer’s policy for mandatory vaccination against COVID-19 to the extent that the policy contemplated termination as an “automatic” penalty for non-compliance. The decision deals with a policy grievance by Healthcare, Office and Professional Employees Union, Local 2220 (“the Union”) against Chartwell

In a recent decision, Arbitrator Michael Mitchell upheld a policy on mandatory vaccination (which required two doses in addition to any recommended boosters) against COVID-19 as it applied to employees who work in an indoor setting at least some of the time.[1] The Power Workers’ Union (“the Union”) filed a policy grievance against the vaccination

Interest in environmental, social and governance (“ESG“) factors is increasing quickly among Canadian investors, spurred in part by the view that redirecting investments towards the climate crisis and our collective social and governance challenges may be an effective way to address portfolio risk and, at the same time, to resolve these larger issues. To date,

In its fall economic statement, Ontario introduced amendments to the Financial Services Regulatory Authority of Ontario Act, 2016 that would protect whistle-blowers. The bill, which also included amendments to numerous other statutes, came into force on December 9, 2021. The new legislation defines whistle-blowers as persons or entities who, in good faith, disclose to the

On January 12, 2022, Arbitrator Randall J. Noonan released a decision in which he denied an application by the International Association of Professional Firefighters, Local 1286 (“IAFF”) and the Canadian Union of Public Employees, Locals 718 and 394 (“CUPE”) (together, the “Unions”) to stay the application of a mandatory vaccination policy (the “Policy”) by the

On December 17, 2021, the Canada Labour Code was amended to include the following: Bereavement Leave In the event of the death of an immediate family member or a family member, employees are entitled to a leave of absence from employment for up to ten days. The leave may be taken during the period that

In a decision released on January 12th, 2022, Arbitrator Jesin held that a workplace mandatory Covid-19 vaccination policy and associated vaccination status disclosure requirement issued by Maple Leaf Sports and Entertainment (“MLSE” or the “Employer”) for employees working at its Toronto sports and events venue Scotia Bank Arena was a reasonable exercise of the Employer’s

In a pair of decisions released back-to-back, the Ontario Labour Relations Board dismissed separate applications alleging that trade unions violated their Duty of Fair Representation in relation to their handling of complaints concerning employer COVID-19 vaccine policies. On January 10 and 11 2022, the Board released its decisions in Bloomfield v SEIU, Local 1 and

In a decision released on January 4, 2022, Arbitrator Herman denied a grievance from the United Food and Commercial Workers Canada, Local 175 (“UFCW”) concerning a workplace policy on mandatory vaccination against COVID-19 issued by Bunge Hamilton Canada (“Bunge”). UFCW grieved that the policy—which placed non-compliant employees on unpaid leave—was an unreasonable exercise of managerial

An unintended consequence of the COVID-19 pandemic was a move to remote working and more flexible work arrangements. For many, this shift has blurred the lines between home and office, as remote working and technology continue to make it easier to work from almost anywhere. As a result, the need to develop policies dealing with

The Financial Services Regulatory Authority of Ontario (“FSRA”) has finalized its guidelines for pension plan administrators dealing with the valuation and division of pension benefits upon marriage breakdown. These guidelines became effective on November 9, 2021, and will be reviewed by November 9, 2026. Scope These guidelines only apply to administrators of pension plans governed

In a decision released on November 15, 2021, Arbitrator Denis Nadeau found that a vaccination requirement promulgated by customers of several housekeeping contractors infringed the right to respect for private life provided for in Article 5 of the Quebec Charter of human rights and freedoms (the “Quebec Charter“)[1]. However, in light of Article 9.1 of the Charter, Arbitrator Nadeau held that

In Manitoba Federation of Labour et al v. The Government of Manitoba, the Manitoba Court of Appeal held that the province’s public sector wage restraint legislation did not violate the Charter of Rights and Freedoms (the “Charter”). In deciding as such, the Court of Appeal overturned a ruling by the Court of Queen’s Bench. Under the leadership of

In a decision released on November 11, 2021, Arbitrator John Stout allowed a grievance filed by the Power Workers’ Union (the “PWU”) against the Electrical Safety Authority (the “ESA”) challenging a mandatory vaccination and disclosure policy. In September 2021, the ESA adopted a voluntary vaccination disclosure and testing policy (the “Voluntary Policy”) that allowed employees

On January 11, 2021, the Office of the Superintendent of Financial Institutions Canada (“OSFI“) published a discussion paper, Navigating Uncertainty in Climate Change: Promoting Preparedness and Resilience to Climate-Related Risks (the “Discussion Paper“), and launched a three-month consultation period in regards to it. The goal of the consultation was to engage federally regulated financial institutions (“FRFIs“), federally

The University of Health Network’s (“UHN”) mandatory vaccination policy required all of its more than 17,000 employees to be fully vaccinated or face termination of their employment, commencing October 22, 2021. Justice Sean Dunphy of the Ontario Superior Court issued an interim injunction on October 22, 2021, in response to a motion brought by several

On October 25, 2021, the Government of Ontario introduced Bill 27, Working for Workers Act, 2021 (“Bill 27”) to amend, among other things, the Employment Standards Act, 2000 (the “ESA“). If passed, Bill 27 and the amendments it includes, would significantly alter the employer-employee relationship. The changes proposed by Bill 27 include: New Part VII.0.1 – Right to Disconnect

Is labour arbitration the only avenue for unionized employees to seek redress for human rights violations? This issue—arbitral jurisdiction vis-à-vis the jurisdiction of other courts and tribunals to hear disputes in unionized workplaces—has been the subject of considerable legal debate. In Linda Horrocks v Northern Regional Health Authority, the SCC recently held that, absent legislative intention

*The injunction described below was lifted on Oct. 29, 2021.  We will provide an update shortly. On October 22, 2021, the Ontario Superior Court issued an interim injunction, temporarily halting an attempt by the University of Health Network (“UHN”) to terminate its unvaccinated employees. The injunction was granted in response to an urgent motion brought

On September 22, 2021, the Act to Modernize Legislative Provisions respecting the Protection of Personal Information (“Bill 64“) received royal assent, just one day after it was adopted by Quebec’s National Assembly. Bill 64 updates the existing framework applicable to the protection of personal information by amending various Quebec laws, including the Act respecting the

What is the hot issue in every workplace right now?  Vaccine policies of course. We have yet to see a court or administrative tribunal definitively answer whether vaccine policies violate health privacy laws or employee privacy generally or whether an employer’s implementation of these types of policies constitute constructive dismissal and/or a form of workplace

In late 2019 the Workplace Safety and Insurance Appeals Tribunal (“WSIAT” or the “Tribunal”) issued a landmark decision that took away an employee’s right to sue their employer for damages with respect to chronic mental stress flowing from workplace harassment and an inadequate employer response to same, resulting in a claim for constructive dismissal.  The

The COVID-19 Period has been further extended in Ontario and is now slated to end on January 1, 2022. Infectious Disease Emergency Leave (IDEL) is extended to January 1, 2022. The three paid sick days in relation to COVID-19 related matters are extended to December 31, 2021. After Infectious Disease Emergency Leave ends, employees who

To date, there has been very little caselaw dealing specifically with the implementation of mandatory COVID-19 vaccination policies in the employment context. In the circumstances, employers and employees alike have no choice but to navigate the complex legal issues that arise from any attempts to reduce the risks associated with COVID-19 transmission and infection in

In a recent decision which considered the impact of the pandemic on a termination of employment, the Honourable Justice Vella held that the consideration of the fourth Bardal factor, namely ‘availability of similar employment having regard to the experience, training and qualifications of the employee’ led to consideration that there were challenging circumstances in terms

A recent arbitral decision, EllisDon Construction Ltd. v Labourers’ International Union of North America, Local 183, may provide some needed insight into how arbitrators will consider workplace policies mandating COVID-19 testing and/or vaccinations for its employees. In a decision released June 10, 2021, Arbitrator Robert Kitchen dismissed a grievance filed by LIUNA Local 183 in which the

In a decision released May 15, 2021, Arbitrator Derek Rogers upheld grievances concerning an employer’s implementation of a phone application entitled “Exak Time.”  Grievances were filed by both IUOE Local 793 and LIUNA 183. Both unions challenged the employer’s implementation of the app, which required clocking in and clocking out via mobile phone. The ExakTime

Randy Bauslaugh’s “Climate Change: Legal Implications for Canadian Pension Plan Fiduciaries and Policy-Makers”,[1] a legal opinion written at the request of the Canada Climate Law Initiative, is the latest contribution to the discussion of whether pension plan administrators should be factoring climate change into their decision-making on investments. Bauslaugh concludes that the current scientific consensus

The Pay Equity Act, S.C. 2018, c. 27, s. 416 (“Pay Equity Act” or the “Act“), was passed by Parliament and received Royal Assent on December 13, 2018. It will come into force on August 31, 2021. It will apply to federally regulated public and private sector employers with an average of 10 or more

In recent years, and in particular over the course of the last 18 months or so, courts have varied and/or clarified their position on a number of key employment law issues. In Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290, the employee successfully brought an application for judicial review of a decision of the

The current COVID-19 pandemic has had a devastating impact within the province of Ontario. The residents and staff of long-term care homes have been among those most affected by COVID-19.  By the end of April 2021, the pandemic had caused the deaths of approximately 4000 residents and 11 staff at long-term care facilities.[1] Although long-term

The COVID-19 Period has been further extended in Ontario and is now slated to end on September 25, 2021 Infectious Disease Emergency Leave (IDEL) is extended to September 25, 2021 After Infectious Disease Emergency Leave ends, employees who were placed out of active service as a result of the pandemic are no longer on that

For good reason, many employers are beginning to think about how their workplace will look a few months from now.  They are considering how to assure employee safety and are wondering what impact the vaccination roll-out will have on masking and social distancing requirements over the summer and by early fall of 2021. In short,

In a seminal decision released on March 18, 2021, the Human Rights Tribunal of Ontario has issued a finding supporting a claim of gender-based discrimination in relation to the unconscientious perception of the applicant as a woman and the gender bias which was inherent in her male-centred workplace (Cybulsky v. Hamilton Health Sciences, [2021] O.H.R.T.D.

Pension and benefit plan administrators and trustees process a substantial amount of personal information about individuals in order to provide benefits to employees, retirees, pensioners and surviving spouses. Privacy legislation, such as Personal Information Protection and Electronic Document Act (PIPEDA), imposes a legal framework around how the personal information collection by pension and benefit plan administrators is

The British Columbia Human Rights Tribunal (the “Tribunal”) recently dismissed a complaint which alleged that it was discriminatory for a grocery store to refuse to allow a customer to enter without wearing a mask. In a decision dated March 31, 2021, The Customer v. The Store, 2021 BCHRT 39 (CanLII) the Tribunal dismissed the complaint without

On April 19, 2021, Finance Minister Chrystia Freeland tabled the federal government’s 2021 budget, “A Recovery Plan for Jobs, Growth, and Resilience.”  In addition to confirming the federal government’s intention to proceed with certain previously announced tax measures affecting specified multi-employer pension plans (“SMEPs”) and health and welfare trusts, the 2021 budget  does contain some

In Sharma v. Toronto (City), 2020 HRTO 949 (CanLII), the Applicant alleged that By-Law 541-2020 (the “By-Law”), which requires businesses and other establishments that are open to the public to adopt a policy that members of the public are not permitted entry to, or otherwise remain within, any enclosed space unless they are wearing a

In its 2021 budget, released on March 24, the Ontario Government announced that it will amend Regulation 909 under the Pension Benefits Act (the “PBA”), to require pension plan administrators to calculate and report their plan’s Pension Benefits Guarantee Fund (“PBGF”) claim exposure.  The Budget does not specify how a plan’s PBGF claim exposure will be determined and

The Koskie Minsky LLP Privacy Practice Group cordially invites you to a Complimentary Seminar Series Introducing Privacy Legislation and Best Practices.  The Complimentary Privacy Seminar Series will be held monthly over a three month period for one hour on the following dates: April 9 at 10 am EDT – Overview of Privacy Legislation May 6 at 10 am

The Ontario Labour Relations Board has clarified the scope of the precautionary principle, both generally and in the context of the COVID-19 pandemic, in its recent decision Liquor Control Board of Ontario v Ontario Public Service Employees Union, 2021 CanLII 15607 (“LCBO“). In this decision, the Board reaffirmed that compliance with the precautionary principle may

On March 16, 2021, The Financial Services Regulatory Authority of Ontario (“FSRA”) released “Defined Benefit Multi-Employer Pension Plans – Leading Practices,” a Guidance document that is the result of a thematic review of a selected sample of 21 Ontario-registered Defined Benefit Multi-Employer Pension Plans (DB MEPPs) conducted in 2020. The Guidance begins by acknowledging the three

While cases before the courts will wind their way through slowly, labour arbitration hearings can move at a quicker pace. Some COVID issues have already been decided in the collective bargaining context. Of note is a recent arbitration decision in the federal context which upheld the termination of a worker for attending at work and

A recent decision provides a caution concerning the proper treatment of medical information in the grievance process. In Orillia Soldiers’ Memorial Hospital v Ontario Public Service Employees’ Union, Local 383, Arbitrator Randi Abramsky determined that the hospital violated the Personal Health Information Protection Act (“PHIPA”), the Occupational Health and Safety Act (“OHSA”) the hospital’s own

In its 2020 Fall Economic Statement, the federal government announced that, in light of the large numbers of Canadian taxpayers working from home due to the COVID-19 pandemic, the Canada Revenue Agency (the “CRA”) would simplify the process for claiming the home office expense deduction for the 2020 taxation year.  Details regarding the temporary simplified

Facts In June 2020, Caressant Care Nursing & Retirement Homes (the “Employer”) advised its staff that it would begin conducting bi-weekly COVID-19 testing and would begin to require proof of testing before an employee could return to work. When several staff members complained, the Employer advised its employees that if they chose not to comply

On January 11, 2021, the Office of the Superintendent of Financial Institutions Canada (“OSFI“) released a discussion paper Navigating Uncertainty in Climate Change: Promoting Preparedness and Resilience to Climate-Related Risks, to engage federally regulated financial institutions (“FRFIs“), federally regulated pension plans (“FRPPs“) and other interested stakeholders in a dialogue on the risks resulting from climate

As we continue to monitor the evolving COVID-19 situation as well as the Government’s response and the current emergency declaration, we want to advise that there have been further changes to O. Reg. 82/20: RULES FOR AREAS IN STAGE 1 to the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 82/20: RULES

On January 12, 2021, the Ontario Government issued a second state of emergency declaration under s. 7.0.1(1) of the Emergency Management and Civil Protection Act (the “EMCPA“) in response to the ongoing COVID-19 pandemic. Under the EMCPA the emergency declaration will automatically terminate after 14 days unless it is extended (or terminated early). As part

Although Canadian laws have been slow to evolve, individual privacy rights have been an issue of importance and concern for many Canadian throughout history and into the present day.  With an ever growing global economy in the digital age the transfer of personal information has undoubtedly become a form of currency with which we knowingly or

Over the past months we have all seen just how quickly the rules and regulations in response to COVID-19 have and can change in the interest of protecting public health and safety.  On January 4, 2021, with immediate effect, Toronto’s Medical Officer of Health instituted additional operational guidelines for employers. The new operational requirements are

Update: On the evening of December 17th the Ontario Government announced the extension of Infectious Disease Emergency leave to July 3, 2021. To view the press release, please click here. While the COVID-19 Period is slated to end January 2, 2021, employers will still need to be compliant with all orders of public health and

We are pleased to announce that, effective December 1, 2020, Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department of Koskie Minsky LLP. In her new role, Lesa will be taking on additional senior-level client relationship management responsibilities. She will continue her legal advisory work for clients of the Pension and

Whether a Canadian business has operations in the United States, uses a third party from the United States or even stores its information on a cloud server in the United States, it is almost impossible to do business in Canada without a cross-border aspect. Regardless of the level of interaction with our neighbours to the

On Friday, November 27, 2020 the Department of Finance released its long awaited legislative proposals to amend the Income Tax Act provisions governing Employee Life and Health Trusts (“ELHTs”).   For the most part, these new draft proposals include some welcome changes and should facilitate the transition to an ELHT.  It should be noted that the

Schweizer v. The Corporation of the Town of Whitchurch-Stouffville (“Schweizer v. Whitchurch-Stouffville”), provides procedural reminders with respect to the enforcement of settlements entered into in matters before the Human Rights Tribunal (“HRTO”) of Ontario. The applicant, a former employee of the respondent, alleged discrimination with respect to her employment.  The parties entered into Minutes of

Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights

Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights

In June 2020, the Ontario Human Rights Tribunal ruled in favour of an applicant who was the victim of a racial slur during the course of being served at a local pizza franchise. The applicant had just ordered lunch with his friends from high school when one member of the group accidentally cracked a window

On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension

On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension

It has been a tumultuous year in the land of employment law in Canada.  What had become viewed as rock solid termination provisions began to get thrown out at the end of 2019 in the Court of Appeal decision in Andros v. Colliers Macaulay Nicolls Inc.  and 2020 has seen several other decisions, including Waksdale

On March 17, 2020, the Government of Ontario declared a provincial state of emergency in response to the COVID-19 pandemic. Subsequent workplace closures and public health recommendations instantly moved a significant number of businesses online, including health care providers and organizations that use and disclose personal health information. The Government of Ontario reacted to this

In our June 3, 2020 Blog titled O. Reg. 228/20- Ontario Government Effort to Avoid Deemed Terminations and the Onslaught of Constructive Dismissal Claims Under the ESA, we provided you with details of a critical amendment to the Employment Standards Act, 2000(“ESA“),  which prevented temporary layoffs due to COVID-19 from automatically becoming a permanent job

Waksdale v. Swegon North America Inc.: Unenforceable “For Cause” Termination Provisions Render “Without Cause” Termination Provisions Null and Void Over the past few years, the Ontario Court of Appeal has released a number of decisions considering the enforceability of termination provisions. For the most part, the recent jurisprudence has focused on the necessary wording and

With various Canadian provinces and territories declaring states of emergency as a result of the outbreak of COVID-19, many workplaces have directed their employees to work from home. While we live in an era where most businesses are prepared and equipped for their employees to work remotely, there remain a number of challenges in ensuring

Nancy Shapiro spoke at the FICPI Webinar: “How will the world look after lockdown?”, on May 20, 2020. The topics for discussion were as follows: Hidden HR and health risks of remote work Dealing with an employee’s Covid-19 diagnosis Establishing return to work protocols for staff and visitors Creating safe working environments for your employees To

The inequality of bargaining power in the employment relationship has now been a long recognized fact by Canadian Courts.  Now, whether or not the Uber drivers forming the ‘class’ pursuing action against Uber are employees or not has yet to be determined. The action seeks to declare them employees and seeks damages for infringement of

In the recent decision of Graham v. Enterprise Rent A Car Canada Company representing Enterprise, Alamo, and National Car Rental, the applicant alleged that the respondents discriminated against her on the basis of her race, colour, place of origin, and disability in the area of goods, services and facilities contrary to the “Code”. The applicant

The CRA has issued a Technical Interpretation, acknowledging that Private Health Services Plans (“PHSPs”) members may have been unable to use their allocated Health Care Spending Account (“HCSA”) credits during the COVID-19 pandemic due to the restriction on services available. The CRA advises that in light of the extraordinary circumstances of the crisis, it has

On Friday May 29, 2020, by O. Reg 228/20, Infectious Disease Emergency Leave (“Regulation”), the Ontario provincial government enacted an important new regulation under the Employment Standards Act, 2000 (“ESA”), which materially amends the ESA for the period applying retroactively from March 1, 2020 until 6 weeks after the state of emergency is extinguished (the

On May 22, 2020, FSRA released Guidance on its approach to reviewing applications for commuted value transfers and annuity purchases under sections 19(4) and 19(5) of the Pension Benefits Act’s Regulation 909. The newly released Guidance addresses what restrictions apply to a Plan Administrator when a defined benefit pension plan’s transfer ratio has declined by

Effective June 8, 2020, all in-person hearings scheduled before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) will be converted to teleconference hearings unless the Scheduling Administration Manager is satisfied that another alternative hearing method is appropriate. If a party objects to proceeding by teleconference, their objection will be addressed by the Vice-Chair or Panel

Effective June 8, 2020, all in-person hearings scheduled before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) will be converted to teleconference hearings unless the Scheduling Administration Manager is satisfied that another alternative hearing method is appropriate. If a party objects to proceeding by teleconference, their objection will be addressed by the Vice-Chair or Panel

The Government of Canada has apparently decided that it will not permit Supplemental Unemployment Benefit (“SUB”) plans to make Canada Emergency Response Benefit (“CERB”) top-up payments to members. Although the government has not formally announced this apparent decision, it has published the following on the ‘Questions and Answers on the Canada Emergency Response Benefit’ page. Q:

Union locals, pension funds, and employee benefit funds may be eligible for the Temporary Wage Subsidy and the Canada Emergency Wage Subsidy in their capacity as employers. Employers will generally be eligible for the Temporary Wage Subsidy (TWS) if they have one or more employees and had a business number for the purpose of making

Union locals, pension funds, and employee benefit funds may be eligible for the Temporary Wage Subsidy and the Canada Emergency Wage Subsidy in their capacity as employers. Employers will generally be eligible for the Temporary Wage Subsidy (TWS) if they have one or more employees and had a business number for the purpose of making

Philip Graham and Lauren Tarasuk were interviewed by Canadian Lawyer Magazine: Growing sophistication of technology in workplaces creating labour and employment issues.  To view the article, please click here.  

Ontario’s pension regulator, the Financial Services Regulatory Authority (“FSRA”), has released new guidance for pension plan administrators, sponsors, members, retirees, and other stakeholders navigating the ongoing COVID-19 crisis. This statement, effective April 24, 2020, follows two earlier releases from FISRA regarding the impact of COVID-19. You can read more about these prior statements in our

Recent decisions from Ontario labour tribunals show that hearings can, in some cases, proceed during the COVID-19 pandemic. The pandemic has prevented public gatherings from taking place, preventing parties to disputes from appearing in person before a decision maker in order to have their matters resolved. However, a few recent decisions indicate that arbitrators and

This post provides a round-up of recent measures taken by Canada’s federal and provincial pension regulators in response to COVID-19. Federal The Office of the Superintendent of Financial Institutions has released an updated Q&A in respect of its decision to temporarily prohibit portability transfers and buy-out annuity purchases in order to protect pension fund solvency.

Ontario’s Financial Services Regulatory Authority (FSRA) has posted information with respect to withdrawing from locked-in accounts as a result of financial hardship. Although the criteria have not changed under Ontario’s Pension Benefits Act (PBA), the information has recently been posted to remind those finding themselves in financial hardship amid the Covid-19 pandemic of the options

As part of its response to the COVID-19 pandemic, the Workplace Safety and Insurance Board (“WSIB”) has announced a relief package allowing employers to defer premium reporting and payments until August 31, 2020. The WSIB has also announced that the costs for COVID-19 claims will be allocated on a Schedule-wide basis, and will not result

As part of its response to the COVID-19 pandemic, the Workplace Safety and Insurance Board (“WSIB”) has announced a relief package allowing employers to defer premium reporting and payments until August 31, 2020. The WSIB has also announced that the costs for COVID-19 claims will be allocated on a Schedule-wide basis, and will not result

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

Pension regulators across Canada have released numerous relief measures in response to the COVID-19 pandemic. Two recent Koskie Minsky blog posts on March 26 and March 30 summarize the action taken at the Federal level and in Ontario. Here we provide a summary of the measures which have been taken by other provincial regulators across

Both the Workplace Safety and Insurance Board (WSIB) and the Workplace Safety and Insurance Appeals Tribunal (WSIAT) have modified their services in response to the COVID-19 crisis. WSIB The WSIB’s offices are closed and they are not accepting any mail or deliveries. Their phone lines are open Monday to Friday 7:30 a.m. to 5:00 p.m.,

Both the Workplace Safety and Insurance Board (WSIB) and the Workplace Safety and Insurance Appeals Tribunal (WSIAT) have modified their services in response to the COVID-19 crisis. WSIB The WSIB’s offices are closed and they are not accepting any mail or deliveries. Their phone lines are open Monday to Friday 7:30 a.m. to 5:00 p.m.,

On March 23, 2020 the Workplace Safety and Insurance Board (WSIB) issued a policy document outlining their approach to claims for occupational exposure to COVID-19. The policy states that, like other WSIB claims, the WSIB will adjudicate COVID-19 claims on a case-by-case basis “based on the merits and justice of the case, taking into account

On March 23, 2020 the Workplace Safety and Insurance Board (WSIB) issued a policy document outlining their approach to claims for occupational exposure to COVID-19. The policy states that, like other WSIB claims, the WSIB will adjudicate COVID-19 claims on a case-by-case basis “based on the merits and justice of the case, taking into account

The Office of the Superintendent of Financial Institutions (OSFI) has issued a letter concerning COVID-19 to the federally-registered pension plans that it regulates. The letter summarizes actions that OSFI is taking to address issues stemming from COVID-19, and announces a regulatory freeze on portability transfers and annuity purchases, as well as the extension of certain

Ontario’s pension regulator, the Financial Services Regulatory Authority (“FSRA”), has released a statement on how the COVID-19 situation has impacted its operations. The statement also includes responses to some questions which may be arising for pension plan administrators, members, retirees and other stakeholders across Ontario during these uncertain times. FSRA’s statement can be accessed at

This document is intended to provide general information during the COVID-19 pandemic and should not be construed as legal advice. The impact of the COVID-19 pandemic on unions and workers —both in terms of the public health crisis itself and the regulatory response to it—is changing rapidly and we will provide updated information as it

Privacy in the workplace has long been of interest to trade unions. Grievances and complaints have been advanced in response to various employer practices and policies that infringe on private information including the use of digital surveillance, drug and alcohol testing and the use of biometric data in the workplace. Of growing concern to unions

Nancy Shapiro will be co-chairing the OBA Labour & Employment Law Program: 18th Annual Current Issues in Employment Law: Supreme Court Update Edition on May 6, 2020 at the OBA Conference Centre in Toronto. To view the full program agenda, please click here.

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

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

In a highly anticipated decision, Canadian Union of Postal Workers v. Foodora Inc., the Ontario Labour Relations Board has ruled that Foodora couriers are dependent contractors and therefore have a right to seek certification. On July 31st, 2019, the Canadian Union of Postal Workers (“CUPW”) filed an Application for Certification on behalf of couriers in

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

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

On November 8, 2019, the Ontario legislature passed Bill 124. Bill 124 is aimed at the broader public sector, including: hospitals, crown agencies, school boards, universities, colleges, long term care homes, ornge, children’s aid societies, and other boards, corporations, offices or organizations that do not carry on activities for the purpose of gain or profit

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

Bill 132 – entitled An Act to reduce burdens on people and business by enacting, amending and repealing various Acts and revoking various Regulations (“Bill 132”) – was tabled in the Ontario Legislature on October 28, 2019, proceeded to second reading on October 31, 2019, and received Royal Assent on December 10, 2019.  It includes

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

Last week, the Department of Finance released a set of draft legislative proposals clarifying the requirements for converting Health and Welfare Trusts (HWTs) to Employee Life and Health Trusts (ELHTs) and revising certain rules resecting ELHTs. The proposed changes are generally welcome and address many of the concerns raised by stakeholders. The proposed process 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

On March 19, 2019, Finance Minister Bill Morneau tabled the federal government’s 2019 budget.  The budget contained a number of surprises, both in terms of what it included and what it omitted.  Perhaps most significantly for the pension and employee benefits industry, while the government reaffirmed its commitment to introduce tax measures to facilitate the

If an employer terminates an employee for cause, an employer has no obligation to provide an employee with notice of termination. It is important to remember that establishing cause to terminate an employment relationship is not easy. The existence of cause will depend on the particular facts of each case. A lawyer from Koskie Minsky

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

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

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

On December 20, 2018, the Ontario Progressive-Conservative government passed Bill 67 at third reading, a piece of special legislation preventing a strike by Ontario Power Generation (OPG) workers across the province. The legislation received Royal Assent the same day and is now in force. The Power Workers’ Union (PWU) represents approximately 6,000 workers employed by

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

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

In a recent decision, International Brotherhood of Electrical Workers, Local 636 v. Tyco Integrated Fire and Security Canada Inc, Arbitrator Laura Trachuk found that an employer discriminated against an employee by requiring him to go to a separate area within the workplace to self-administer medical care related to Type 1 diabetes.  Type 1 diabetes is

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

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

The application of commercial law concepts to pension and benefit plans often creates confusion for stakeholders in the pension and benefits industry. This article seeks to shed light on two basic but fundamental issues trustees and their advisors should keep in mind when acting for a pension or benefit fund and entering into legal relationships.

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,

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,

In 2015, the Labourers’ International Union Of North America, Ontario Provincial District Council filed an application for certification against Ramkey Communications Inc. (“Ramkey”), which employed construction employees that installed, maintained, and repaired portions of telecommunications networks. At the time the application was filed, almost all of Ramkey’s work was performed for Rogers. Telecommunications companies, like

On September 25, 2018, just days before his retirement, Senator Art Eggleton moved second reading of Bill S-253, An Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations (pension plans). Bill S-253 seeks to accomplish two things: To amend the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act

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

On June 30, 2018 the Ontario Human Rights Commission (the “OHRC”) released its Annual Report, entitled Impact today, investment for tomorrow. The report tracks the steps taken by the OHRC from April 1, 2017 to March 31, 2018, to fulfil the commitments made in their 2017-2022 Strategic Plan. The report focuses on four main areas

The recent Ontario Human Rights Tribunal decision in Talos v. Grand Erie District School Board has shifted expectations on the ability of benefits plans to treat workers over 65 differently, on the basis that this is particular type of discrimination is excepted explicitly under the Ontario Human Rights Code (the “Code“). When Bill 211, “An

“. . . the majority has chosen the winners by turning the First Amendment into a sword, and using it against workaday economic and regulatory policy . . . The First Amendment was meant for better things. It was not meant to undermine but to protect democratic governance – including over the role of public-sector

As many readers are already aware, the new Personal Emergency Leave provisions in s. 50 of the Employment Standards Act, as well as the provisions in the Regulations that provide an exemption to construction employers allowing them to pay .8% of an employee’s hourly rate or wages (“Personal Emergency Pay”) in lieu of providing paid

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

In Law Society of British Columbia v Trinity Western University[1] and a companion appeal, Trinity Western University v Law Society of Upper Canada,[2] the majority of the Supreme Court of Canada affirmed the appropriate test for reviewing the decisions of administrative tribunals that engage rights found in the Canadian Charter of Rights and Freedoms. This

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

Ontarians head to the polls on June 7th, and the results could mean big changes for labour and employment law. While the Liberals are promising to maintain the status quo, the Progressive Conservatives are taking aim at future increases to the minimum wage and the NDP hopes to make sweeping changes to both the labour

On January 23, 2018, a senior British Columbia arbitrator, John Kinzie, released a significant decision concerning random drug and alcohol testing in unionized workplaces.  The decision, USW Locals 7884 and 9346 v. Teck Coal Ltd.[1] followed the ruling of the Supreme Court of Canada in Irving Pulp and Paper[2], and built upon on the arbitral

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

On April 20, 2018, the Government of Ontario filed long anticipated amendments to the general regulations under the Pension Benefits Act, which significantly change the funding requirements for defined benefit pension plans.  The regulations are the product of a public consultation begun by the Ontario government, initially announced in the 2015 Ontario Economic Outlook and

In Canadian Elevator Industry Welfare Trust Fund v Skinner, the Nova Scotia Court of Appeal considered what constituted discrimination in the denial of access to coverage for medicinal marijuana, emphasizing the deference that courts and tribunals will give to the administrator of a benefit plan in choosing what drugs the plan will cover. The case

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

Effective April 1, 2018, the equal pay amendments to the Employment Standards Act (“ESA“) flowing from the Bill 148 Fair Workplaces, Better Jobs Act officially came into force in Ontario. These equal pay provisions prohibit any employer paying different rates of pay to employees because of a difference in employment status (eg. full-time, part-time and/or

For decades, the Ontario Labour Relations Board has considered only the wishes of those persons employed in the bargaining unit on the date of application in construction industry proceedings. “Steady eddies”, disabled employees, and others who are absent from work on the date of application for any number of reasons are thereby excluded from the

Recent amendments to the Ontario Labour Relations Act, added after the passage of Bill 148, have created a new tool for trade unions to assist with their organizing campaigns.  Unions can now make an application to the Labour Relations Board for an order requiring an employer to provide a list of its employees to the

The 2018 Federal Budget was released on February 27, 2018, and amongst other things, included a major and somewhat surprising announcement regarding the phase out of the CRA’s Health and Welfare Trust Policy, which has governed health and welfare trusts (HWTs) since 1966. The announcement was included in the Tax Measures: Supplementary Information document released

In Heller v. Uber Technologies Inc., 2018 ONSC 718, Perell J. stayed a proposed class action on behalf of Uber drivers due to a clause in the parties’ Service Agreement that mandated they resolve disputes by arbitration in The Netherlands. In upholding the arbitration clause, the Court followed the precedent set by the Supreme Court

The British Columbia Court of Appeal, in a decision released this past summer, took the opportunity to remind employers that precision in drafting restrictive covenants (those of non-competition in particular) is a necessity. In this particular case, an optical company operating retail stores and eye examination clinics had a non-competition covenant within contracts with its

On November 11, 2017, the Tax Court of Canada released Scott v. The Queen, 2017 TCC 224 (CanLII), a precedent setting decision regarding the taxation of payments made in relation to the termination of employment benefits in the context of the Nortel insolvency.  The Tax Court “overruled”, in part, an Advanced Tax Ruling issued by

On December 15, 2017 the Supreme Court of Canada (“Supreme Court”) delivered a significant decision in the area of human rights law. According to the Supreme Court, employers are not the only ones who are prohibited from committing discriminatory harassment against employees. British Columbia Human Rights Tribunal v. Schrenk concerned claims of discrimination in the

Airia Brands Inc. v. Air Canada, 2017 ONCA 792, is the latest class action decision to consider jurisdiction simpliciter in situations involving foreign class members. The case involved a claim of conspiracy to fix prices of air freight shipping services to and from Canada. On the matter of jurisdiction, the motion judge excluded absent foreign

In an unprecedented decision released by the Court of Appeal recently, the Court has found the use of the word “probation” in an Employment Agreement has the meaning that during the stated period of time, employment may be terminated with payment only as is required by the Employment Standards Legislation. Notwithstanding requirements that contracts be

Bill 177, the Stronger, Fairer Ontario Act (Budget Measures) (the “Act”), was introduced to the Ontario Provincial Parliament for first reading on November 14, 2017.  Schedule 33 of the Act provides changes to the Pension Benefits Act (the “PBA”), which will have broad implications for pension regulation in Ontario.  While sweeping changes have been announced,

The Court of Appeal has again ruled on the issue of terms in employment contracts which purport to limit an employee to minimum notice under the Employment Standards Act, 2000 (“ESA”) upon termination. In North v. Metaswitch, the Court of Appeal held that it is improper to use a severability clauses to remove portions of

On October 17th, MP Marilène Gill of the Bloc Québécois introduced Bill C-372, a private member’s bill which would amend the Bankruptcy and Insolvency Act (BIA) and the Companies Creditors’ Arrangement Act (CCAA). The Bill would provide for priority status for claims in respect of underfunded pension plans as well as for claims arising as

In recent days, the policy and interpretation choices made by the Canada Revenue Agency (“CRA”) have taken a rare step into the public discourse. At issue are employee discounts enjoyed by retail workers. While tax issues are often widely discussed, it is normally in relation to legislative changes being considered by the Federal Government rather

In a recent decision of the Ontario Superior Court of Justice, a judge ruled that a working notice period does not apply to an employee who is on disability leave from his employer. In this case, a 43 year old employee with 18 years’ service commenced a disability leave in January, 2016 for a non-work

The regulatory environment applicable to pension plan administrators will shift in 2018, with the Superintendent of Financial Services gaining the power to impose monetary penalties for breaches of the Pension Benefits Act (“PBA”). On January 1 new provisions of the PBA come into force, which, along with a new Regulation on Administrative Penalties, create a

Kaynes v. BP, P.L.C., 2017 ONSC 5172 (Kaynes) is the latest edition of a line of class actions that have faltered for violating the statutory limitations period under s.138.14 of the Securities Act, R.S.O. 1990, c. S.5. (the “Act“)[1] Despite its protracted procedural history, the facts in Kaynes are not complicated. The plaintiff, an Ontario

The recent Federal Court decision in Bemister v. Canada highlights some of the difficulties that litigants face in attempting to use the Canadian Charter of Rights and Freedoms to remedy pension and benefit issues. Background The Applicants in Bemister were federal retirees who participated in the Public Service Health Care Plan (“PSHCP”) and the National

The recent decision of the Ontario Court of Appeal found that a single act of dishonesty by an employee at the time of completing an employment application could give rise to cause for the termination of his employment. The employee working in the area of atomic energy sought to become employed as an industrial safety

In Facchini v. Rosen, Justice Sproat exercised his jurisdiction to make the just order restoring this 2010 action to the trial list. By way of background, shortly before the claim was instituted on April 19, 2010, the Plaintiff entered into a share purchase transaction to sell his shares in a landscaping business to the Defendant,

When an employee is wrongfully dismissed from her employment, she is required to seek alternative employment to mitigate, or reduce, the damages she incurs. The income earned from alternative employment is normally deducted from the damages the former employer owes to the employee. In a recent decision, Brake v. PJ-M2R Restaurant Inc., the Ontario Court

Calling someone an independent contractor does not necessarily make them one, especially where a worker’s role has shifted over time. An employer learned this lesson the hard way when the British Columbia Supreme Court ordered it to pay the plaintiff, who the Court classified as a dependant contractor, damages in the amount of 12 months’

In the recent decision of Presidential MSH Corporation v Marr Foster & Co LLP, 2017 ONCA 325, the Ontario Court of Appeal further clarified the discoverability principle pursuant to section 5 of the Limitations Act, 2002 with respect to the “appropriate means” element. Specifically, a proceeding may not be “legally appropriate” as required under section

  Summary The government of Ontario has tabled legislation to make major changes to labour and employment law in the province. The proposed changes include: Raising the general minimum wage to $15 an hour by January 1, 2019. Changing various features of union certification and first contract dispute resolution procedures, including: extending card-based certification to

On a Summary Judgment motion, the Ontario Superior Court of Justice awarded an Employee $7,500 in damages for mental distress together with damages of $17,076 in lieu of lost income for the Employer’s failure to provide the Employee with a revised notice of termination. The Employee, a 72 year old man, worked as a security

On May 19, 2017, the Ontario government announced that it intends to implement new funding rules for defined benefit pension plans and make certain other changes to the legislation governing pensions. This announcement follows up on the Solvency Consultation process that we previously reported on. The new funding framework described in the May 19th announcement includes:

The decision of The Honourable Mr. Justice Miller, of the Ontario Superior Court of Justice, released April 18, 2017, considered a claim for defamation by an employee in relation to a reference given by his former employer to a potential future employer. This could have been the first case in which an employer was found

In a previous Blog Post we reviewed highlights from the 2017 Federal Budget. The 2017 Ontario Budget was released on April 27, 2017. The Ontario Budget contains the significant commitment to a universal pharmacare program for persons under 25, as well as a number of updates with respect to various pension reform efforts. OHIP+ Children

Offers to settle are ubiquitous in litigation. Nearly all cases settle before trial, but not all offers to settle attract the cost consequences of Rule 49. Rule 49 offers have the potential to be more advantageous for the plaintiff than the defendant. Specifically, if the plaintiff makes an offer that is rejected and obtains judgment

Does an employer’s failure to pay a $300,000 bonus constitute constructive dismissal? Not according to Chapman v. GPM Investment Management, a recent decision from the Ontario Court of Appeal.  Although there was no doubt that the employer had breached the employment contract by failing to pay the bonus, this conduct did not substantially alter an

Justice Belobaba has certified a class action against Deloitte in respect of the alleged misclassification of document reviewers. The class at issue consisted of lawyers in Toronto working as document reviewers for Deloitte, and other companies. The document reviewers were treated as independent contractors, and therefore not entitled to the same payments and benefits given

The 2017 Federal Budget was presented by Finance Minister Bill Morneau last month, on March 22, 2017. Though it has far fewer major commitments than the previous budget from 2016, there are still some noteworthy provisions. Most provincial budgets have also been released by now, with Nova Scotia and Ontario being the two exceptions. Read

In an Alberta Court of Queen’s Bench decision, an employer that accepted an employee’s notice of resignation was found to have wrongfully terminated the employment relationship because the resignation was conditioned upon negotiating a fair severance package. The employee worked for the employer in Calgary, Alberta and later in Madagascar for four years and eight

In 2289878 Ontario v Gourmet Gringos, Justice Kristjanson set aside Master Haberman’s January 12, 2016 Order striking the defendants (the “Defendants”) statements of defence[1] and dismissing the counterclaim as a result of several breaches of procedural orders. The procedural breaches included the Defendants’ failure to prepare an affidavit of documents in compliance with the Rules

In Skinner v. Board of Trustees of the Canadian Elevator Industry Welfare Trust Fund (2017 CanLII 3240 (NS HRC)), the Nova Scotia Human Rights Commission has confirmed that denying access to medical marijuana can be discriminatory in certain contexts. Mr. Skinner was involved in a motor vehicle accident while working at ThyssenKrupp Elevator Canada in

In Evans v. Paradigm Capital Inc., Justice Gans of the Ontario Superior Court of Justice addressed a senior executive’s duty to mitigate following her constructive dismissal, and specifically whether she was required to accept an alternative position from the employer to mitigate her damages. The Employee was hired by the Employer, an institutional investment dealer,

On February 9, 2017 the British Columbia Supreme Court released its decision in Ram v Michael Lacombe Group Inc., which made national headlines due to egregious facts and the quantum of damages awarded to a low-level employee. The Employee worked as a cook at Burger King for over 24 years when she was terminated without

In a recent case, a Judge of the Ontario Superior Court of Justice outlined the appropriate procedure to be used where summary judgment is awarded to a Plaintiff seeking a notice period which would not expire until after the summary judgment motion. The Plaintiff, a 54 year old Project Manager and Senior Water Resources Engineer,

In Trenchline Construction Inc. v Metrolinx, 2016 ONSC 6136, Master Wiebe released a thorough decision, touching on numerous contentious issues between the parties not the least of which revolved around what constitutes a written notice of lien under s. 24 of the Construction Lien Act (the “CLA“).  Metrolinx was the owner of a project called

In a recent decision, Misetich v. Value Village Stores Inc., the Ontario Human Rights Tribunal (“HRTO” or “the Tribunal”) clarified the correct legal test for discrimination on the ground of family status. The decision recognizes that the requirements for establishing discriminatory treatment based on family status should be the same as those for other grounds

Last week, Prime Minister Trudeau announced that the upcoming budget will not include a provision to tax employees on their employer-provided health and dental benefits. The question remains, however, whether the rumoured tax is really off the table for good or whether it is still in consideration as part of an ongoing review of tax

In anticipation of the new rule governing administrative dismissals (Rule 48.14), which came into effect on January 1, 2017, Justice Glithero of the Ontario Superior Court of Justice recently set out the applicable procedure in circumstances where an administrative dismissal date falls between an order refusing to restore an action to the trial list and

The Court of Appeal has re-affirmed the principle arising from the series of employment insurance broker cases of J. G. Collins Insurance Agencies, H.L. Staebler and Shafron, all of which addressed the interpretation of non-solicitation covenants in employment contracts. In Donaldson Travel Inc. v. Murphy, the employer was a travel agency. The employee moved to

In a recent decision of the Superior Court of Justice, a 48 year old employee with nine years of service was awarded $25,000 for human rights damages and $60,000 for moral damages, in addition to a notice period of ten months. The employee was subjected to repeated physical and verbal harassment by her boss. She

In Levac v. James, 2016 ONSC 7727 the Ontario Superior Court both certified the class action, and awarded summary judgment to the plaintiffs, a procedural rarity in Ontario class action jurisprudence. Levac v. James involved an infectious outbreak among patients who received epidural injections from the defendant doctor. Toronto Public Health investigators found that the

On December 8, 2016, the Building Ontario Up for Everyone Act (Budget Measures), 2016 (“Bill 70”) received Royal Assent. Among other things, the omnibus budget legislation enacts the Financial Services Regulatory Authority of Ontario Act, 2016, (the “FSRA Act”) setting out the framework for the creation of the new Financial Services Regulatory Authority (“FSRA”). By way of background, the Minister appointed

In a recent summary judgement decision, the Ontario Superior Court upheld the principle that witnesses are immune from liability for their testimony given at trial. This particular case had an interesting twist in that the plaintiffs brought an action against their own expert witness when the trial at which he testified did not go their

A 58 year old employee of the City of Toronto was constructively dismissed, following 25 years of service in primarily senior project management roles. She was found to be entitled to 26 months’ notice. The City did not appeal the finding of constructive dismissal or the notice period. It did, however, allege that the trial

With little fanfare, the Federal Government has introduced legislation to amend the Pension Benefits Standards Act (“PBSA”) to regulate “target benefit” plans. These are plans that offer a formula-style “target” benefit that looks much like a defined benefit but that is not assured. Target benefit plans do not require past service funding guarantees from the

In complex litigation, the plaintiff often names numerous defendants before a clear understanding of the relative liabilities of those defendants has been determined. It is only throughout the course of the action that certain defendants are revealed to be more at fault than others. In certain instances, it is determined that some defendants had no

In a recent decision, the Human Rights Tribunal of Ontario confirmed that employees who sign releases in exchange for a termination package may have difficulty invalidating the release if they wish to bring a claim against their former employer. An employee with nearly 14 years’ service in human resources at an oil and gas industry

This was a proposed representative action on behalf of refugees from the State of Eritrea alleging that the defendant Nevsun Resources Ltd., a British Columbia company, used forced labour, a form of slavery, in building an Eritrean mine. The plaintiffs brought the action under customary international law on their own behalf and as a representative

As a person reading a blog, you know the internet has changed the way we do so many things including a change to our conceptions of privacy and what constitutes an invasion of our privacy. In a recent decision, the Ontario Superior Court has recognised a new tort of public disclosure of private facts as

On August 9, 2016 the Ontario Court of Appeal released two sets of reasons in wrongful dismissal cases dealing with employees’ entitlement to receive bonus payments over a reasonable notice period. In both Lin and Paquette the employees were terminated without cause and had a right to pay in lieu of reasonable notice of their

Ontario is currently in the process of reviewing solvency funding rules for single employer defined benefit (“DB”) pension plans under the Pension Benefits Act. On July 26, 2016, the Ministry of Finance released a “Review of Ontario’s Solvency Funding Framework for Defined Benefit Pension Plans” Consultation Paper soliciting feedback on a number of potential reforms

Bill 132, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters, received royal assent on March 8, 2016. The legislation is a result of commitments made in “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment” released by the Ontario government in March

When it comes to registering a claim for lien, the Superior Court will not allow subcontractors to extend the date for preservation of their lien by returning to the job site to carry out trivial repairs after a subcontract is otherwise complete. What you might find interesting is what the Court considers to be a

The Supreme Court of Canada recently overturned a controversial decision of the Federal Court of Appeal (Koskie Minsky LLP Employment Blog February 9, 2015). Specifically, the Federal Court of Appeal held that “Unjust Dismissal” provisions pursuant to sections 240 to 246 of the Canada Labour Code, R.S.C. 1985, c.L-2 (the “Code“) only provided non-unionized federally

In a decision released May 31, 2016, the Ontario Court of Appeal made clear that the passage of time shall not in and of itself be treated as a bar to the order of reinstatement. In this case, the employee had been off on medical leave for 2½ years when she began seeking to return

On June 20, 2016, Canada’s Finance Ministers reached an historic agreement to improve core retirement income benefits under the CPP. The agreement followed years of tumultuous pension politics, including an outright refusal in December 2013 by the Harper Government to consider any changes to the CPP. Following the breakdown in federal-provincial CPP discussions, the Wynne

Sponsorship of caregivers from overseas is an increasingly common choice for families seeking affordable child care, particularly where there are two or more children in a household. In a recent case from Ontario, the Court considered basic statutory and common law employment principles in the caregiver context, where the parties were also related. The employer

The Plaintiff, Canada Trust Company (“Canada Trust”) was the trustee of a self-directed RRSP investment on behalf of Joseph Sasso (“Sasso”). Sasso advanced $180,000 from his RRSP to various Defendants which was secured by mortgages against four properties in Windsor. All Defendants, aside from Boulos and Henriette Dahers (collectively the “Dahers”) are bankrupt and default

On June 25, 2015 Co-op Atlantic, a co-operative wholesaler operating across Atlantic Canada and Quebec obtained protection from its creditors under the CCAA. Ten months later, in April, 2016, Co-op’s pension plan members received a letter that no retiree ever wants to receive. An actuarial and consulting firm, which had been appointed by the New Brunswick

In Yorkwest Plumbing Supply Inc. v. Nortown Plumbing (1998) Ltd, et al, the Court of Appeal for Ontario confirmed that a subcontractor is bound by Section 20(2) of the Construction Lien Act (the “Act”) with respect to its right to register a general lien over multiple premises with one owner. The plaintiff, Yorkwest Plumbing Supply

The Ontario Superior Court of Justice recently concluded that an employer’s imposition of a layoff in the absence of a contractual clause permitting a layoff can be treated as a repudiation of a fundamental term of the employment contract even in circumstances where an identifiable recall date is provided at the time of the layoff.

When acting for an employer we are often asked whether an employee can be sued for damages that the employer sustains as a result of an employee’s negligence.  The answer is no.  A case recently decided by the Alberta Court of Queen’s Bench, Shamac Country Inns Ltd. v. Sandy’s Oilfield Hauling Ltd , does not

The Ontario Court of Appeal recently upheld certification in Good v. Toronto (Police Services Board), 2016 ONCA 250 (Good). Good is a class action concerning mass detentions during the G20 Summit and protests which occurred in Toronto. The Court of Appeal made two important holdings regarding aggregate damages. The first was to reaffirm that the

There are certain situations where Section 6 of the Construction Lien Act (CLA) can be used to cure a defect in a lien, but only if the defect is minor. Section 6 of the CLA states: Minor irregularities 6.  No certificate, declaration or claim for lien is invalidated by reason only of a failure to

Termination during the probationary period without payment or notice, often thought to be an automatic entitlement of employers, is always subject to the caveat “except for a discriminatory reason”.  That was the expensive lesson for one Ontario employer recently. The company was a distributor and the employee hired as a delivery truck driver.  He was

On April 6, 2016, the Ontario Court of Appeal released its decision in Good v. Toronto (Police Services Board), 2016 ONCA 250, where it upheld the Divisional Court’s certification of a class action stemming from the G20 summit held in Toronto in June 2010. According to an independent review, during the G20, police encircled or

In the 2014 Budget, the Ontario government set out its commitment to establishing and launching a province-wide pension plan, intended to build upon the Canada Pension Plan (“CPP”) and provide a predictable source of retirement income for life. Notwithstanding significant debate and some opposition by stakeholders, on April 14, 2016, the government proceeded to implement

In Built-Con Contracting Ltd. v. Lisgar Construction Company a Division of United Shelters Limited, Master Wiebe determined that a plaintiff’s default judgment obtained from a registrar over the counter was insufficient to satisfy section 37 of the Construction Lien Act which requires a perfected lien must be set down for trial within two years after

The Ontario Human Rights Tribunal has recently issued an interim decision confirming the effects of a miscarriage can meet the definition of “disability” under the Human Rights Code. Wenying (Winnie) Mou (the “Employee”) worked for MHPM Project Leaders (the “Employer”).  In January of 2013, the Employee suffered a serious slip and fall accident which kept

In a recent decision of the Ontario Superior Court of Justice, the Court held that conduct resulting in criminal charges being laid against an employee does not constitute “just cause” for termination where the conduct is unconnected to work. The employee, a 67 year old labourer employed since 1998, was terminated in February 2015 for

In a number of recent decisions by the Ontario Court of Appeal[1], Ontario’s top Court has highlighted the court’s predisposition to have cases resolved on their merits rather than dismissed on procedural grounds. The latest decision of Labelle v. Canada (Border Services Agency) (“Labelle“) is consistent with the Court of Appeal’s liberal interpretation of the Reid

Section 39 of the Construction Lien Act provides for the right to make requests for an accounting of payments made on a project.  In the case of Comstock Canada Ltd. v. Durr Systems, Inc. et al. 85 O.R. (3d) 355, Justice Ferguson of the Ontario Superior Court of Justice found there to be a new

It seems to be a widely held misconception that lawyers must be called to the Bar of a particular province before they can practice in that province.  In fact, thanks to the National Mobility Agreement as between the various provincial law societies, lawyers in Canada have the benefit of inter-provincial mobility throughout the common law

When acting for an employer we are often asked whether an employee can be sued for damages that the employer sustains as a result of an employee’s negligence.  The answer is no.  A case recently decided by the Alberta Court of Queen’s Bench, Shamac Country Inns Ltd. v. Sandy’s Oilfield Hauling Ltd., does not purport

Counsel for the parties jointly agreed today to adjourn the common issues trial to allow them to pursue further discussions. “We’ve continued to make progress since our last appearance before the court; and are moving forward in a positive way; however, we had hoped to be further along at this point”, said Kirk Baert, one

For years, the Toronto civil courts have had to deal with limited resources in the face of increasing caseloads. As a result, the Courts are always trying to figure out streamlined processes in order to maximize the use of the Court’s resources, while still enabling parties to move towards resolution in a cost-effective and timely

In a recent decision, the Federal Court of Appeal (the Court”) upheld a decision that found an employee who requested an accommodation in order to breastfeed her child during working hours failed to meet the test for prima facie discrimination.  The particular facts of this case lead to the Court finding that the employee’s decision

January has been a busy month for the release of class action decisions in Ontario, highlights including: three motions concerning summary judgment, including an appeal to the Ontario Court of Appeal from summary judgment on common issues (Pet Valu); two certification decisions, both granting certification; one settlement approval/fee approval motion, which was granted (Imax); and

In Intelsat USA Sales LLC v. Hyde and Majic, Justice Faieta refused to enforce letters rogatory directed against the former in-house counsel of the defendant company, which company was based in Ontario. The basis for Justice Faieta’s decision was that the former in-house counsel’s evidence was not necessary for trial and the evidence to be

In Intelsat USA Sales LLC v. Hyde and Majic, Justice Faieta refused to enforce letters rogatory directed against the former in-house counsel of the defendant company, which company was based in Ontario. The basis for Justice Faieta’s decision was that the former in-house counsel’s evidence was not necessary for trial and the evidence to be

The most recent decision from the Ontario Court of Appeal on leave in securities class actions, Goldsmith v. National Bank, continues a trend of denying leave. The action had its origin in the demise of Poseidon Concepts in 2013, a publicly-traded energy services company. The defendant in the action, National Bank, was Poseidon’s financial advisor

In Kupets v. Bonavista Pools Limited, Swinton J. sitting as a single judge of the Divisional Court allowed the appeal of Master Abram’s Order dismissing this mature action at a status hearing. By way of background, on May 8, 2009, the Appellants instituted a claim against the Respondent, Bonavista Pools Limited, for alleged damages to

The Ontario Superior Court recently held that a car dealership, Wright Auto Sales Inc. (the “Employer”), wrongfully dismissed one of its managers with two years of service (the “Employee”), when it terminated the Employee’s employment for consuming alcohol during the work day and allegedly being under the influence of alcohol while at work. A few

Recently, opposing counsel failed to serve their issued claim within 90 days of issuance, in accordance with Subsection 53(2) of the Construction Lien Act (the “Act)”. In practice, there are few circumstances where a claim, once issued, does not thereafter get served. The most recent case dealing with Subsection 53(2) is MGI Construction Corp. v. 2273865

A recent case shows how an employer’s conduct both during employment and in the manner of dismissal may be compensated – and deterred – in court proceedings. The Employer company carried on business as a recruiter for focus groups.  For over 15½ years the Employee worked with the Employer, initially in an administrative support role,

The Court of Appeal for Ontario has now definitively addressed the issue of whether an employer’s financial circumstances are relevant to the assessment of an employee’s common law reasonable notice period. In this case, three employee school teachers who were employed on a series of one-year contracts for thirteen, eleven and eight years respectively, appealed

We were recently presented with a file where our client obtained judgment against a Defaulting Contractor and commenced enforcement steps, by way of issuing garnishments to various owners that employed the Contractor. With respect to one garnishment, the Owner acknowledged that monies were due and owing under the contract but refused to pay because of

Administrative tribunals derive their powers from legislation, which empowers them to oversee and adjudicate matters in what are sometimes highly complex and specialized areas.  Accordingly, tribunals carry out their mandate by adjudicating matters between parties and also, when called upon, making policy and regulatory decisions. The actions and decision of tribunals are not immune from

The Ministry of Community Safety and Correctional Services (the “Employer”) terminated the employment of a correctional officer (the “Employee”) with approximately seven years of service after it was discovered that she failed to immediately disclose that she had been charged under the Criminal Code with impaired driving while off-duty. The Employer took the position that

One of the first things a client learns when visiting a lawyer is that everything he or she tells the lawyer will remain confidential. The confidentiality of communications between client and lawyer is necessary to ensure the client is comfortable providing candid information to their lawyer and so the lawyer can give confidential advice and

In the recent case of Bellehumeur v Windsor Factory Supply Ltd, the appellant suffered from various “disabilities”, which had been reported to the respondent, and for which the respondent was found to have provided reasonable accommodation.  The appellant was thereafter terminated for cause after he made violent threats towards another employee.  The appellant alleged that

The employee was hired in 2010 into a senior sales position with IBM (the ’employer’).  Although the employee had access to office space, his role was substantially based out of his home. At the time of his hiring the employee disclosed to the employer that he had a privately held business which designed and sold residential

On November 16, 2015, Justice Perell released his decision in Lundy v. VIA Rail Canada Inc., 2015 ONSC 7063. As indicated at the outset of the decision, “[t]his mini-sized class action is a test centre for underdeveloped but very important aspects of class action procedure under the Class Proceedings Act, 1992“. A novel aspect of

On September 4, 2015, the Supreme Court of Canada released its long awaited judgment in Chevron Corp v. Yaiguaje, 2015 SCC 42. Justice Gascon, writing for a unanimous Supreme Court panel, permitted 30,000 Ecuadorian villagers to pursue the enforcement of their Ecuadorian Judgment against Chevron in Ontario. In coming to its conclusion, the Supreme Court

In Cariocas’ Import and Export Inc. v. Canadian Pacific Railway Limited, the Court of Appeal unanimously allowed an appeal restoring a 2007 action to the trial list pursuant to Rule 48.11 of the Rules of Civil Procedure.  The decision is significant because it provides a more expansive and liberal interpretation of the test to restore

The Employee began working for Sony of Canada Ltd. (the “Employer”) on June 9, 1989.  His employment was terminated on March 31, 2015 just prior to his 26th anniversary of continued employment with Sony. As at the termination date, the Employee was 45 years old working as the Director of Sales in the Professional Solutions

The Supreme Court of Canada very rarely weighs in on the construction lien regime. However, on appeal from the Manitoba Court of Appeal in Stuart Olson Dominion Construction Co v Structal Heavy Steel (2015 SCC 43), a unanimous Supreme Court confirmed the power of two important statutory protections afforded to subcontractors in the construction industry,

Koskie Minsky filed materials to seek leave from the Supreme Court of Canada (“SCC”) to appeal the Nunavut Court of Appeal’s (“NUCA”) decision in a case that could impact employees across Canada. This leave application, if successful, will allow the SCC its first opportunity to consider whether an employee who raises concerns about her conditions

The Ontario Superior Court of Justice, in a decision rendered by Pollak J. released April 16, 2015, has recognized that a 65 year old employee with over 40 years’ service with his employer was “uniquely situated”; a relevant consideration in deciding the length of notice upon termination of employment. The employee had been employed as

In Legge et al. v. Young et al., the Superior Court of Justice for Ontario determined that although Ontario had jurisdiction simpliciter to hear an action, (a breach of contract action regarding the sale of a Standardbred racehorse) Pennsylvania was the more convenient forum to hear the action and therefore ordered the Ontario proceeding stayed.

In a recent decision, the Ontario Superior Court summarily held that an employee that failed to report to work over a period of 8 months, relocated his residence from New Brunswick to Ontario without approval, and failed to follow the policies and procedures applicable to his short term disability claim had abandoned or resigned from

In Legge et al. v. Young et al., Justice Faieta determined that, although Ontario had jurisdiction simpliciter to hear a breach of contract action regarding the sale of a Standardbred racehorse Pennsylvania was the more convenient forum to hear the action and therefore the Ontario proceeding was stayed. In November 2013, the defendant, Mr. Young

In the Court of Appeal for Ontario’s latest pronouncement on the test for certification, Chief Justice Strathy re-iterated Ontario’s liberal approach to certification and focused on the benefits associated with attentive case management as class proceedings wind their way through this province’s courts. Amyotrophic Lateral Sclerosis Society of Essex v. Windsor (City), 2015 ONCA 572

A defendant/employer unsuccessfully tried to stymie a claim by an employee that it was vicariously liable for violence committed by another one of its employees. The plaintiff employee (“Employee”) was a maintenance worker with a theme park (the “Employer”).  The Employee alleges that in the summer of 2013 her supervisor (the “Supervisor”) made sexual advances

The recent Court of Appeal decision of Energy Fundamentals Group Inc. v Veresen Inc., reminds us of the circumstances in which courts might exercise their power to imply a term into a contract. In this case, the parties entered into a joint venture by way of letter agreement, whereby they were to work together to

In a recent decision of the Ontario Superior Court of Justice, the Court awarded damages for wrongful termination to an employee based upon the customary salary increase the employee would have received had he been actively working. The employee, a 56 year old, 22 ½ year Director of Business Development, had been terminated without cause. 

A recent cyber-attack against Ashley Madison.com, a dating website for people looking to have an affair, has resulted in the release of confidential information of its users. This raised questions about online security and what legal recourse is available to users where personal data has been stolen and/or leaked. More importantly this incident has become

The Ontario Court of Appeal recently allowed a plaintiff’s appeal of a motion judge’s order declining to set aside the Registrar’s order administratively dismissing an action against the respondents, Computer Packages Inc. (“CPI”) and Rogers Law Office (“Rogers”). In this action, the appellants sued the respondents for negligently permitting three patents owned by the appellants

An employment contract might be considered “frustrated” when an unforeseeable event occurs that makes it impossible to fulfill the terms of the contract. This recent Ontario Superior Court of Justice case should give employer’s reason for pause and to take a second look at the doctrine of frustration of contract.[1] In this case, an employee

Access to justice is a hot-button issue that has received numerous headlines as well as extensive comments from the bench.  It is a pillar of any just judicial system.  With that said however, this basic right is often abused, as parties routinely commence frivolous, vexatious and abusive proceedings. These proceedings slow the whole legal system

On June 29, 2015, Justice Perell released his decision in Mayotte v Ontario, 2015 ONSC 4196, denying what in effect were cross motions for summary judgment in this certified class action. There were “numerous genuine, novel, and profound issues for trial, and it [was] not in the interests of justice to determine this matter summarily

In a recent Ontario Superior Court decision from Master Sprout entitled Sculley v. Pivot Acquisition Corp., 2015 ONCSC 287 the applicant, Mrs. Carol Lee Sculley, brought an application to enforce letters rogatory issued by the circuit court of the Fifteenth Judicial Circuit in and for Palm Beach County in the state of Florida. Mrs. Sculley

In a decision of the Human Rights Tribunal of Ontario (“HRTO”) released May 22, 2015, an applicant was awarded $150,000 in general damages against her former employer and its principal.  The co-applicant was awarded $50,000.  The decision represents a new high-watermark for damage awards. The HRTO found that owing to the fact that the actions

A recent case from Ontario analyzed the employment status of two long-serving workers. The two plaintiffs worked as installation supervisors for the employer, a kitchen cabinet manufacturer, for 32 years and 26 years, respectively. Up to 1987 both plaintiffs had a formal employment relationship with the employer.  In 1987 the employer advised both plaintiffs that

On June 3, one day after the release of the Executive Summary from the Truth and Reconciliation Commission of Canada, the Federal Court certified a class action concerning day students of Indian Residential Schools [Chief Shane Gottfreidson et al. v. HMQ, 2015 FC 706]. The Indian Residential Schools Settlement Agreement[IRSSA] did not cover students of Residential

Earlier this year we updated you about some of the changes to Ontario’s employment legislation https://kmlaw.ca/the-esa-in-2015-the-times-they-are-a-changing/. This month we are highlighting two of the changes to the Employment Standards Act, 2000 (“ESA”), which take effect as of May 2015. Employment Standards in Ontario Poster: Under Ontario’s Stronger Workplace for a Stronger Economy Act, 2014, SO

On April 1 2015, the British Columbia Human Rights Tribunal granted a Filipino domestic care worker (“Employee”) subjected to sexual misconduct, harassment and discrimination $50,000.00 in damages for loss of dignity, feelings and self-respect. The 28 year old Employee is a mother of two children.  To provide for her family, she accepted employment as a

The Ontario Superior Court of Justice upheld a 2013 decision of the Human Rights Tribunal of Ontario (2013 HRTO 440) where an employee was awarded reinstatement to her employment as a Supervisor with the Hamilton-Wentworth District School Board (the “School Board”). The Complaint had been filed with the Ontario Human Rights Commission (the “Commission”) on

The Court of Appeal for Ontario has recently released a significant decision which is a blow to judgment debtors who are attempting to avoid their obligations stemming from a foreign judgment. In SA Horeca Financial Services v. Light, 2014 CarswellOnt 16099, the plaintiffs, SA Horeca Financial Services and SA Horeca Logistic Services (collectively “Horeca”) obtained

In Mitchison v. Zerona International Inc., 2014 ONSC 4738 the plaintiff brought an action in Ontario for damages against the defendant with respect to a franchise business purchased from the defendants.  The plaintiffs alleged the defendants violated the Arthur Wishart Act (Franchise Disclosure) 2000, S.O. 2000, C. 3.  The statement of claim originally named Zerona Canada,

An employee sued for wrongful dismissal alleging he had been terminated without cause and that he had a 5 year minimum term contract guarantee.  The employer denied any such guarantee existed and alleged the employee had resigned. The trial judge found the employee to have been terminated, but that no 5 year minimum guarantee existed. 

In a recent decision of the Ontario Superior Court of Justice (“Superior Court”), the test with respect to family status accommodation pronounced by the 2014 Federal Court of Appeal (“FCA”) in Attorney General of Canada v. Johnstone (“Johnstone”) was applied to a like claim made pursuant to the Ontario Human Rights Code, R.S.O. 1990, c.

In Mitchison v. Zerona International Inc., the plaintiff brought an action for damages against the defendant with respect to a franchise business purchased from the defendants.  The plaintiffs alleged the defendants violated the Arthur Wishart Act (Franchise Disclosure) 2000, S.O. 2000, C. 3.  The statement of claim originally named Zerona Canada, carrying on business as

The August 19, 2014 decision of Acciona turns on the issue of coverage under a Course of Construction (COC or Builders Risk) Policy. The decision could be fundamental to the areas of construction and insurance law, and in particular the way in which the courts interpret the LEG2/96 clause – a design/workmanship – exclusion. Unfortunately,

On March 6, 2015, the Supreme Court of Canada unanimously overturned the New Brunswick Court of Appeal and the trial judge’s decisions which had concluded that the Employee, the Executive Director of the New Brunswick Legal Aid Services Commission, was not constructively dismissed. The Supreme Court seized the opportunity to provide some guidance on the

Welcome to my blog about cross-border litigation, enforcing foreign judgments and enforcing letters rogatory. I use this platform to keep my clients and followers informed about recent case law and legislative changes impacting the enforcement of foreign judgments and letters rogatory in Ontario and Canada. In an increasingly globalized and integrated economy, cross-border litigation is

In the span of two weeks at the beginning of 2015, the Supreme Court of Canada (SCC) has issued two decisions that will undoubtedly change the legal landscape for organized labour across the country. The first case involved a dispute between the Mounted Police Association and the Attorney General of Canada. At stake was the

In a surprising decision of the Federal Court of Appeal released January 22, 2015, the Court has held that s. 240 of the Canada Labour Code, R.S.C.C. L-2 (the “Code”) permits dismissals on a without cause basis. On Appeal from the Federal Court, the Federal Court of Appeal considered a complaint which had been decided

Ontario has passed legislation which will bring about key changes to the Employment Standards Act, 2000 (“ESA”), amongst other important changes: Minimum wage will increase annually in accordance with the Consumer Price Index: Effective October 1st and each October thereafter; Will be reviewed in 2020 to determine whether this mechanism has been effective; This change

You’ve likely heard the old saying that “you can’t squeeze blood from a stone.” As you probably know, litigation is a lengthy, time consuming and expensive process. It can therefore be devastating to learn after years of litigation that an adverse party no longer has any money or assets to satisfy a judgment. In certain

The Ontario Superior Court recently issued a decision in an action for damages for wrongful termination awarding fourteen months’ pay in lieu of notice to an employee with less than three years’ service. The plaintiff employee accepted an offer of employment with the defendant employer, a trucking company, in 2009 to become its “country manager”

The employee signed an agreement at the start of his work, which included a clause limiting his entitlement if his employment was terminated without cause. The contract stated: “… unless an employee is terminated for cause, an employee’s entitlement may be terminated at the sole discretion of the Employer and for any reason whatsoever upon

Many litigants are under the impression that once a judgment is obtained, payment of the debt owed will follow shortly thereafter.  However, that is not necessarily the case.  As such, we will examine what it means to obtain default judgment and what steps may need to be taken in order to recover the debt owed

In 2008, the Ontario Human Rights Code was amended to give the Court jurisdiction to award damages with respect to infringement of human rights, and the $10,000.00 cap with respect to mental distress damages was removed.  It left the human rights landscape in Ontario in a state of great uncertainty as to where damages would

The Employee worked as a mechanical engineer for the Employer. The Employer agreed to pay commissions for products the Employee sold to the government of Iraq in accordance with terms set out in an agreement (“Commission Agreement”). In early December, 2006, the Employee successfully sold products to the government of Iraq. On December 12, 2006,

Once a creditor obtains judgment for the payment of money, and the judgment debtor does not remit payment within a reasonable time, one of the options available to enforce the judgment is to proceed with a notice of garnishment. The Rules of Civil Procedure outline the procedure for issuance of a garnishment. By notice of

The Ontario Superior Court recently issued a decision refusing to exercise its discretion to enforce the settlement of a wrongful dismissal claim when the employer discovered cause to terminate the employee shortly after signing the settlement. The plaintiff employee worked as an estimator for the employer. The employee was terminated for alleged poor work performance

Just because a debtor is bankrupt (or in another insolvency proceeding), does not necessarily mean creditors will not recover amounts owing from the debtor.  This is particularly true for employees (including Unions/Union Trust Funds) who may have super-priority claims in a bankruptcy for unpaid wages and pension contributions.  Proving your claim and the ranking of

After receiving a broadcast email posting for a Director of Finance position with ABM Canada Inc. (the “Employer”), Paul Miller (the “Employee”) applied for the position. It took a few meetings and some encouragement, but the Employee ultimately accepted a job offer starting in September, 2009, subject to entering an employment contract before starting.  Although

Shortly after finding out she was pregnant, the Applicant exchanged text messages with a friend who worked for the Employer restaurant about potential vacancies. The friend told the Applicant that the Employer was looking to hire a server. The Applicant was interested in the position and met with the friend to discuss it further. The

A female sales professional was offended by her company’s business development initiative organizing a “Men’s Day” for its clients at a local ski resort.  The employee, the only female sales professional with the company, was not invited.  The employee brought her concerns to the attention of her supervisor and the president.  A few weeks thereafter

The Employee was a Manager/Vice President of Operations with thirty eight years of employment tenure with the Employer. The Employer decided to unilaterally change the employee’s position from Vice President of Operations to a Purchasing Manager. The Employee declined to accept this new position. He took the position that he had been constructively dismissed by

The Ontario Human Rights Tribunal (“OHRT”) has refused to exercise its discretion to defer consideration of a human rights complaint alleging a failure by an employer to discharge its duty to accommodate despite the fact that the Workplace Safety and Insurance Board (“WSIB”) had issued a decision finding the employer could no longer accommodate the

Motions for security for costs, brought under Rule 56 of the Rules of Civil Procedure, are a valuable tool available to defendants (and other responding parties) in civil proceedings.  On such a motion, a defendant seeks an order requiring the plaintiff pay an amount into court that would cover the defendant’s legal costs, should the defendant

In the course of an action, situations may arise where an adverse party lacks knowledge of a key issue that may be known by a non-party to the litigation. In such instances, relief may be available to conduct an examination for discovery of a non-party. Having said that, a party does not have the ability

Niranjan Kotecha (the “Employee”) worked for Affinia Canada ULC (the “Employer”), a car manufacturer, as a machine operator for 20 years.  The Employee was terminated at age 70 without cause, and the primary issue at a summary judgment motion was the length of the reasonable notice period.  The motion judge granted the Employee 22 months

If an “interest in land” is disputed between parties, the Courts of Justice Act and the Rules of Civil Procedureprovide a potent remedy for a litigant to seek a Court Order to register a “Certificate of Pending Litigation” (“CPL”) against title to the land(s) at issue. The purpose of a CPL is to put the

In some cases it may be necessary for a plaintiff to seek an injunction from the court, in order to prevent another party from disposing of, encumbering or otherwise dealing with any of its assets during the course of litigation. This type of injunction is called a Mareva injunction. The granting of any injunction by

An employee employed by an engineering company for 18 years was terminated for just cause without notice in November 2010 for improper expense claims.  The Supreme Court of British Columbia found that the employee was wrongfully dismissed and awarded the employee 18 months’ pay and benefits in lieu of reasonable notice, including an annual bonus

A trial level decision from Nunavut released last year held that an employee’s attempts to negotiate a separation package by way of a demand letter from her legal counsel to her Employer indicating that she had been constructively dismissed but that she was prepared to continue working while terms of a package were negotiated, amounted

The recent unanimous decision of the Federal Court of Appeal in Attorney General of Canada v. Johnstone[1], makes it clear that family status within the Canadian Human Rights Act (the “CHRA”) includes parental childcare obligations, which requires accommodation by employers.  This decision serves to illustrate the need for flexible and inclusive work environments for employees

Following an expert advisory panel review of Ontario’s occupational health and safety system, a new Ontario Health and Safety Act (OHSA) regulation has been passed and comes into force on July 1, 2014 making worker and supervisor health and safety awareness training mandatory in all workplaces. The new awareness training requirements of the regulation will

In a recent decision of the Manitoba Court of Appeal, the Court found that an employer car dealership that forced an employee to take an indefinite leave of absence due to vision related symptoms of diabetes, had constructively dismissed him. The employee, a 19 year senior managerial employee, was diagnosed with diabetes in 2005 after

The plaintiff (“employee”) worked as a Business Analyst, a middle management position with modest responsibility, at the defendant food services company (the “employer”).  The employee was terminated without cause after only 16 months of employment, purportedly because a division of the employer’s business had been sold and which rendered the employee’s position redundant. In the

The Employee worked for the Employer as a production supervisor in the body shop of General Motor’s Oshawa plant for approximately eight years.  The Employee, a black man, was scheduled to train another worker, but the trainee did not attend the training session. The Employee took the position, based on information he received from others

Just before the December holidays, the Minister of Labour tabled a bill for parliamentary debate entitled: “Strong Workplaces for a Stronger Economy Act”, which is described as “an act to protect the province’s most vulnerable workers and increase fairness for both employees and businesses.”  A lofty goal to be sure. Bill 146 poses the following

In Waterman v. IBM the Supreme Court of Canada considered the deductibility of monthly pension benefits from damages for wrongful dismissal. The Plaintiff employee worked for over 40 years for IBM when he was dismissed without cause in 2009 at the age of 65.  During his employment he participated in IBM’s defined benefit pension plan,

When an employee is terminated from their employment, whether it be by constructive dismissal or otherwise, the employee has a duty to mitigate his/her damages by seeking alternative employment.   However, does an employee have a duty to accept employment with the very same employer who terminated his/her employment in order to fulfill the duty to

An employee brought a motion for summary judgment after being terminated without cause from his twenty year employment as a machine operator with an auto parts manufacturer. At the time of his termination, the employee was 70 years old and his employment was not governed by an employment contract. The employee’s evidence on the motion

In a recently released decision of the Ontario Human Rights Tribunal (“OHRT”) dated March 14, 2013, the employee Applicant was awarded reinstatement to her employment as Supervisor, Regulated Substances, Asbestos, with the Hamilton-Wentworth District School Board (the “Respondent School Board”) after being away from work since July 8, 2004. The Applicant had filed a Complaint

Appeal Court Allows Wrongful Dismissal Claim to Proceed Mr. Spiers (the “Employee”) worked for Canon Canada Inc. (the “Employer”) for approximately 19 years.  In May 2006, he stopped working due to illness and was approved to receive short-term disability benefits by the Employer. The disability payments were terminated after approximately seven and a half weeks.

In the recent case of Sandra Trites v. Renin Corp, the Ontario Superior Court of Justice considered whether an employer could unilaterally impose a temporary lay-off upon an employee when there was no expressed or implied term to that effect in her employment contract. The Plaintiff Employee in this case had worked for the Defendant

Following a two-day wrongful dismissal trial in Superior Court, an employee was awarded reasonable notice damages in the amount of three-months’ salary which worked out to approximately $15,000. The Plaintiff employee then sought a further award for costs while the Defendant employer sought an award of costs of its own having regard to the fact

In a decision of a trial judge in Alberta, a dependent contractor was awarded notice even though she was found not to be an employee.  The Plaintiff first started providing services in August 2004 as an assistant area manager to the Defendant corporation through another company which the Plaintiff owned 50% of for a period

Ashley McKenna was employed as a part-time waitress at a sports bar.  In July 2011, she became pregnant; however, she continued to work her regular three to five shifts per week at the bar without issue. Then, in November 2011, new management took over the bar and shortly thereafter instituted a number of changes.  One

81 YEARS OF AGE – BUT NO PRESUMPTION OF AN INTENTION TO RETIRE Mandatory retirement has gone the way of the Dodo. So what do you owe to employees when they are terminated at age 81? The answer: reasonable notice just like anyone else. The case before the Ontario Superior Court of Justice in Filiatrault