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Appeals › Employment Litigation › Employment Standards Act

Blake, Cassels & Graydon LLP

Five Employer Wins and Counting: Is the Tide Turning?

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In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Appellate Court Ruling Leaves Employers Waiting for Determination on Interpretation of COVID-19 Leave Provisions

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Employers in Ontario have been waiting for clarification on the interpretation of COVID-19 leave provisions throughout much of the pandemic. Employers had hoped that the Court of Appeal’s decision in Taylor v Hanley...more

Littler

British Columbia, Canada Court of Appeal Upholds Determination That Three Taxi Drivers Are Employees

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In Beach Place Ventures Ltd. v. Employment Standards Tribunal, 2022 BCCA 147, the British Columbia Court of Appeal (BCCA) upheld a determination by the Employment Standards Tribunal (Tribunal) that three taxi drivers...more

Miller Canfield

Global Payroll Now Applies to Severance Pay Calculations in Ontario

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The world is shrinking, and the cost to multinational employers may have grown because of it. In Hawkes v. Max Aicher (North America) Ltd., 2021 ONSC 4290 ("Hawkes"), Mr. Hawkes was originally denied severance pay...more

Littler

Ontario, Canada Court of Appeal Confirms Corporate Directors May Face Statutory Claims for Unpaid Wages in Wrongful Dismissal...

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The Ontario Court of Appeal’s (OCA) recent decision in Abbasbayli v. Fiera Foods Company, 2021 ONCA 95 (Fiera Foods) reminds corporate directors that: (a) an employee may be able to make a claim against them in a wrongful...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

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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

Littler

Ontario, Canada: Limiting Bonus Entitlements When Employment Ends

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The Ontario Court of Appeal recently upheld a lower court’s dismissal of an employee’s claim for payment of a bonus after resignation because the employer’s non-discretionary bonus policy included an “active employment”...more

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