In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because...more
2/26/2025
/ Canada ,
Disability Discrimination ,
Discrimination ,
Employee Rights ,
Employees ,
Employment Contract ,
Employment Discrimination ,
Employment Policies ,
Human Rights ,
Ontario ,
Reasonable Accommodation ,
Termination
In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the Ontario Superior Court of Justice dismissed an employee’s claim for common law reasonable notice of termination on a Rule 21 motion....more
In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more
8/20/2024
/ Adverse Employment Action ,
Canada ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Frustration of a Common Purpose ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Vaccinations ,
Workplace Safety ,
Wrongful Termination
In Kopyl v. Losani Homes, 2024 ONCA 199, the Court of Appeal for Ontario (OCA) affirmed the lower court’s finding that an invalid without-cause termination clause in an employee’s employment agreement does not invalidate a...more
In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more
3/12/2024
/ Canada ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Fixed-Term Labor Contracts ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Unenforceable Contract Terms
Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’...more
In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more
12/18/2023
/ Canada ,
Constructive Discharge ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
International Labor Laws ,
Unpaid Leave ,
Vaccinations ,
Workplace Safety
On June 23, 2022, Canada’s Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent and amended Canada’s Competition Act. The Competition Act applies to all businesses operating in Canada, whether they are...more
11/2/2022
/ Canada ,
Competition ,
Competition Act ,
Criminal Conspiracy ,
Employee Mobility ,
Employees ,
Employment Contract ,
International Labor Laws ,
No-Poaching ,
Regulatory Reform ,
Wage and Hour ,
Wage-Fixing
In Labrador Recycling Inc. v. Folino, 2021 ONSC 2195 (Labrador Recycling), Ontario’s Superior Court denied an employer’s motion for an urgent injunction to restrain its former employee from competing with it contrary to the...more
4/22/2021
/ Anti-Competitive ,
Breach of Contract ,
Breach of Duty ,
Canada ,
Competition ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fiduciary Duty ,
Injunctions ,
International Labor Laws ,
Ontario ,
Restrictive Covenants ,
Unenforceable Contract Terms
The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more
10/7/2020
/ Canada ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Just Cause ,
Ontario ,
Termination Clauses
Bill C-74 Receives Royal Assent-
New Legislation Enacted-
Bill C-74, the Budget Implementation Act, 2018, No. 1, received Royal Assent on June 21, 2018. Initiatives of interest to employers include allowing part-time...more
10/19/2018
/ Appeals ,
Canada ,
Contract Terms ,
Employee Benefits ,
Employment Contract ,
Equal Access ,
Impairment Rating Evaluations (IREs) ,
Independent Contractors ,
International Labor Laws ,
Labour Code ,
Legislative Agendas ,
Marijuana ,
Motor Vehicles ,
Ontario ,
Part-Time Employees ,
Pending Legislation ,
Public Access Laws ,
Termination Clauses ,
Wage and Hour
In Canada, termination clauses in employment agreements are critical tools that allow an employer to avoid providing reasonable notice of termination under the common law. Each year there are numerous court decisions on this...more