Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more
2/26/2020
/ Appeals ,
Canada ,
Contract Terms ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Notice Requirements ,
Ontario ,
Regulatory Requirements ,
Summary Judgment ,
Termination Clauses ,
Wrongful Termination
In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more
12/20/2019
/ Canada ,
Common Law Claims ,
Contract Terms ,
Dispute Resolution ,
Employment Standards Act ,
Legal Fees ,
Ontario ,
Reimbursements ,
Settlement Agreements ,
Settlement Negotiations ,
Statement of Claim ,
Termination ,
Wage and Hour ,
Wrongful Termination
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
Employers considering terminating long-term employees in Canada should be aware of two relatively recent decisions. In one case, Dawe, 2018 ONSC 3130, the terminated employee, age 62, was a highly paid Senior Vice President...more