News & Analysis as of

Canada Hiring & Firing Corporate Counsel

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

AI in Job Postings: What Employers in Canada Need to Know

Artificial intelligence (AI) is rapidly changing the hiring landscape. Whether scanning resumes with machine learning tools or ranking candidates based on predictive models, employers in Canada may now want to ensure...more

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

Canada Implements Temporary Employment Insurance Measures Responsive to Economic Impacts of Trade War

The federal government of Canada recently amended the Employment Insurance Act, implementing temporary measures to address the economic impacts of tariffs imposed by the United States. ...more

Mintz - Employment Viewpoints

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...more

Littler

20 Key Developments in Canadian Labour and Employment Law in 2023

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In 2023, Canada saw significant statutory and case law developments in labour and employment law. This Insight provides an overview of notable 2023 developments, with links to more detailed articles and commentary....more

Stikeman Elliott LLP

Updates to the Canada Labour Code and its Regulations: A Summary of Recent and Pending Changes

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A number of changes to the Canada Labour Code (the “Code”) and its regulations have recently come into effect or will be coming into effect over the next year. Many of these changes have been set for a long period of time,...more

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

Three Options for Non-Canadian Employers Hiring Remote Employees in Canada

With the boom of remote work, companies have increased their candidate base to stretch well beyond the boundaries of cities, states, and even countries—and many employers are looking to tap into Canada’s deep talent pool of...more

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

New Canada Labour Code Regulatory Amendments: What Employers Need to Know

The Budget Implementation Act 2018, No. 2 (BIA 2018, No.2) made numerous changes to the Canada Labour Code (CLC) by. As a result of these changes, federally regulated employers will be required to reimburse employees for...more

Blake, Cassels & Graydon LLP

Ontario Announces Changes to Mass Termination Rules for Remote Employees

On March 13, 2023, the Ontario government announced proposed changes to the Employment Standards Act, 2000 (ESA) that, in mass termination situations, would afford employees who work solely from home with the same notice...more

Blake, Cassels & Graydon LLP

Tendances en droit de l’emploi au Canada : rétrospection et perspectives

Le droit de l’emploi a continué d’évoluer au Canada en 2022. Voici quelques-uns des faits les plus marquants de la dernière année, ainsi que nos perspectives quant aux tendances qui devraient se poursuivre au cours de 2023,...more

Littler

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

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On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Blake, Cassels & Graydon LLP

Canadian Employment Law Trends: Looking Back and Moving Forward

In 2022, the Canadian employment law landscape continued to evolve. We have summarized some of the most noteworthy developments from last year to help you stay up-to-date and share our outlook of which trends will likely...more

Littler

25 Key Developments in Canadian Labour and Employment Law in 2022

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In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

Blake, Cassels & Graydon LLP

Congédiement justifié d’un employé de longue date pour propos discriminatoires en opposition à une politique sur le port...

Un arbitre en Alberta a récemment confirmé le congédiement disciplinaire d’un employé de longue date dans l’affaire Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022...more

Blake, Cassels & Graydon LLP

Un-Masking Discrimination: Employer Justified in Termination of 20-Year Employee for Discriminatory Comments Expressed in...

An Alberta arbitrator recently upheld an employer’s disciplinary termination of a long-term employee in Alberta Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022 CanLII...more

Bennett Jones LLP

Demise of the Restricted Covenant?

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Recent amendments to the Employment Standards Act, 2000 (Ontario) and the Competition Act (Canada) may be sounding the death knell for certain restricted covenants in Ontario—both non-competition covenants given by employees,...more

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Ontario, Canada Court Determines Plaintiff Employee (Not Independent Contractor) Wrongfully Terminated by Common Employers

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In a wrongful dismissal action against four corporate defendants that were part of a family business, the plaintiff claimed the defendants were common employers, that he was their employee prior to his dismissal, and was...more

Littler

Alberta, Canada: Court Uses Oppression Remedy to Hold Corporate Directors Personally Liable for Wrongful Dismissal Damages

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In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more

Bennett Jones LLP

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

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A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

Littler

Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

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In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Bennett Jones LLP

New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

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As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on...more

Littler

24 Key Developments in Canadian Labour and Employment Law in 2021

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In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of key 2021 developments, with links to more detailed...more

Fisher Phillips

Employers with Limited Canadian Presence May Be Required to Fulfill Significant Severance Obligations Thanks to Recent Court...

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A Divisional Court in Ontario, Canada recently issued a ruling that could have significant potential extra-jurisdictional consequences for U.S. employers with even a single employee based in Canada. The court’s June 15...more

Littler

14 Key Developments in Canadian Labour & Employment Law in 2020

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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

Littler

Ontario, Canada Court Confirms Employers that Revoke Accepted Employment Offers May be Liable for Damages

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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

Littler

Ontario, Canada: Human Rights Tribunal Awards Significant Damages to Employee Who Acquiesced to Sexual Relationship with...

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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

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