In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385 (ClearMRI Solutions), the Ontario Court of Appeal (OCA) decided that the motion judge erred in concluding that a majority shareholder of an employee’s contractual employer...more
7/8/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
International Labor Laws ,
Ontario ,
Responsible Party ,
Shareholders ,
Unpaid Wages ,
Wage and Hour
In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more
4/8/2021
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Exemptions ,
Health and Safety ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Ontario ,
Reasonable Accommodation ,
Workplace Safety
Regardless of social media policies establishing expectations for employee conduct online, online harassment is still a prevalent issue in the workplace as well as in society more generally. ...more
3/11/2021
/ Anti-Harassment Policies ,
Canada ,
Corporate Counsel ,
Cyber-Stalking ,
Defamation ,
Harassment ,
Internet Speech ,
Online Platforms ,
Reputation Management ,
Social Media ,
Tort
In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more
As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of 14 key 2020 developments, with links to more...more
1/8/2021
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Standards Act ,
False Light ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Invasion of Privacy ,
Layoffs ,
Leave of Absence ,
Relief Measures ,
Tort ,
Wage and Hour ,
Wage Subsidies Schemes ,
Wrongful Death
In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more
11/2/2020
/ Breach of Contract ,
Canada ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Termination ,
Wrongful Termination
In NK v. Botuik, 2020 HRTO 345, the Human Rights Tribunal of Ontario (HRTO) made a $170,000 damage award to a vulnerable employee who, after being sexually harassed by her direct supervisor, engaged in unwelcome sexual...more
10/27/2020
/ Adverse Employment Action ,
Canada ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Ontario ,
Ontario Human Rights Tribunal ,
Sexual Assault ,
Sexual Harassment ,
Workplace Romances
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
10/22/2020
/ Bonuses ,
Canada ,
Compensation & Benefits ,
Constructive Discharge ,
Corporate Counsel ,
Damages ,
Employment Litigation ,
Hiring & Firing ,
Incentive Compensation ,
International Labor Laws ,
Motion to Set Aside the Verdict ,
Supreme Court of Canada ,
Wage and Hour
A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more
9/22/2020
/ Canada ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Notice Requirements ,
Regulatory Requirements ,
Sales Commissions ,
Wrongful Termination
On May 4, 2017, the federal government enacted the Genetic Non-Discrimination Act (GNDA). On July 10, 2020, in Reference re Genetic Non-Discrimination Act (Reference),2 the Supreme Court of Canada (SCC) rendered a split...more
On June 24, 2020, the federal government published Work Place Harassment and Violence Regulations (Regulations), which set out the requirements that federally-regulated employers will be required to meet in order to satisfy...more
In response to the COVID-19 crisis, the governments of a number of jurisdictions in Canada have amended their employment standards legislation to entitle employees to emergency unpaid job-protected leave when they are unable...more
On March 23, 2020, the Government of Ontario ordered the mandatory closure of all non-essential workplaces effective March 24, 2020 at 11:59 p.m. On April 3, 2020, in response to the advice of Ontario’s Chief Medical Officer...more
4/6/2020
/ Business Closures ,
Business Interruption ,
Canada ,
Construction Project ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Dispensaries ,
Emergency Management Plans ,
Ontario ,
Operators of Essential Services ,
State and Local Government
Recently, in Bank of Montreal v. Li, 2020 FCA 22, the Federal Court of Appeal (FCA) dismissed the Bank of Montreal’s (BMO’s) appeal of the decision of the Federal Court (FC) in Bank of Montreal v. Li, 2018 FC 1298....more
Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context. In this decision, Justice Kristjanson of the Ontario Superior...more
2/14/2020
/ Canada ,
Corporate Counsel ,
Damages ,
Emotional Distress Damages ,
Employer Liability Issues ,
Evidence ,
False Light ,
International Labor Laws ,
Intrusion Upon Seclusion ,
Invasion of Privacy ,
Material Dissemination ,
Name and Likeness ,
Ontario ,
Privacy Torts ,
Public Disclosure ,
Reputational Injury ,
Restatement of Torts
In Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67, one of the last decisions of the Supreme Court of Canada (“SCC”) in 2019, the court clarified the extent of a federally-regulated employer’s inspection...more
1/22/2020
/ Appeals ,
Canada ,
Corporate Counsel ,
Employer Rights ,
Failure to Comply ,
Federal Employees ,
Health and Safety ,
Inspection Rights ,
Labour Code ,
Safety Inspections ,
Supreme Court of Canada ,
Workplace Safety
It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more
12/17/2019
/ Appeals ,
Canada ,
Compensation & Benefits ,
Contract Terms ,
Corporate Bonuses ,
Corporate Counsel ,
Duty of Trust ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Ethics ,
Good Faith ,
Incentive Compensation ,
Leave to Appeal ,
Supreme Court of Canada
The Federal Court of Canada recently confirmed in Bank of Montreal v. Li, 2018 FC 1298 CanLII (Bank of Montreal), that an employee’s signed release and settlement agreement will not preclude a complaint for unjust dismissal...more
Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more
8/29/2019
/ Canada ,
Corporate Counsel ,
Damages ,
Duty to Accommodate ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Essential Functions ,
Hiring & Firing ,
Human Rights Code ,
Labor Regulations ,
Lost Wages ,
Ontario ,
Permanent Disability ,
Reasonable Accommodation ,
Wrongful Termination
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more
8/1/2019
/ Appeals ,
Canada ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Franchise Agreements ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Risk Management ,
Supreme Court of Canada ,
Wage and Hour
A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October....more
7/24/2019
/ Canada ,
Corporate Counsel ,
Equal Pay ,
Flexible Work Arrangements ,
Independent Contractors ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Leave of Absence ,
Maternity Leave ,
Misclassification ,
Over-Time ,
Parental Leave ,
Vacation Leave ,
Wage and Hour
The Supreme Court of Newfoundland and Labrador rendered a welcome decision in February for employers across Canada that have been struggling to balance their obligations under occupational health and safety and human rights...more
4/11/2019
/ Arbitration ,
Canada ,
Construction Project ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
Medical Marijuana ,
Reasonable Accommodation ,
Undue Hardship ,
Unions ,
Workplace Safety
Canada saw significant developments in labour and employment law in 2018. As we embark on a new year, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve. ...more
1/15/2019
/ #MeToo ,
Canada ,
Corporate Counsel ,
Criminal Background Checks ,
Decriminalization of Marijuana ,
Employment Discrimination ,
Human Rights ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Labor Relations ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
Popular ,
Sexual Harassment ,
Termination Clauses ,
Wage and Hour