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Ontario, Canada Court Confirms a Clearly Drafted Temporary Layoff Clause Can Protect Employers From Constructive Dismissal Claims

In Taylor v. Salytics Inc., 2025 ONSC 3461, the Ontario Superior Court of Justice considered whether a temporary layoff provision in an employment contract constituted a termination provision, and was therefore subject to the...more

Ontario, Canada Court Decides Employees Laid Off During COVID-19 May Not Claim Constructive Dismissal at Common Law

Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) did not remove an employee’s common law right to claim...more

Ontario, Canada: Court of Appeal Upholds $1.27 Million Damage Award for Constructive Dismissal

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2020 ONCA 816 (McGuinty), the Court of Appeal for Ontario upheld the Ontario Superior Court’s decision to award an employee one of the highest damage awards ever...more

Supreme Court of Canada Overturns Court of Appeal in Landmark Bonus Case

On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee’s appeal of the Nova Scotia...more

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

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