News & Events
Tax Court Releases Precedent Setting Decision on Taxability of Certain Benefit Claims in Nortel Insolvency Proceeding
December 21, 2017
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
Practice Area
Pension and Benefits
Ontario Court of Appeal rules again on termination provisions in North v. Metaswitch
October 30, 2017
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
Expertise
Employment Law
New guidance on mitigation of wrongful dismissal damages from the Court of Appeal
August 8, 2017
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
Expertise
Employment Law
Uncertain Notice of Termination is Not Notice
May 31, 2017
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
Expertise
Employment Law
$10,000 in Human Rights Damages Awarded to One Month Employee
May 30, 2016
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
Expertise
Employment Law
Criminal Charges Regarding Activities Unrelated to the Workplace not “Just Cause”
April 6, 2016
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
Expertise
Employment Law
Correctional Officer’s Failure to Disclose Criminal Charges Not Worthy of Termination
December 7, 2015
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
Expertise
Employment Law