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The Contractual Requirement of “Active Service” Does Not Alter or Remove An Employee’s Right to Compensation for Bonus Payments During The Reasonable Notice Period.

Posted On: December, 02 2016
The Ontario Court of Appeal recently confirmed that the contractual requirement for employees to be “actively employed” to receive their regular bonus payments or other employment benefits is not enough to displace an employee’s right to common law… more »
 

Further Update: Wilson v Atomic Energy - Unjust Dismissal Under the Canada Labour Code

Posted On: November, 25 2016
Last year, we blogged about the Federal Court of Appeal’s decision in Wilson v Atomic Energy here, and specifically its determination that a dismissal without cause under the Canada Labour Code (“Code”) was not an unjust dismissal pursuant to sections… more »
 

Potential Future Violation of the Employment Standards Act Void an Entire Termination Provision

Posted On: September, 29 2016
There has been a debate over the past years regarding the legality of a termination provision in an employment contract which is compliant with the Employment Standards Act, 2000, [ESA] at the time of termination but which has the potential to violate… more »
 

Employers Beware: Asserting Cause for Termination When None Exists May Result in Longer Notice Periods

Posted On: September, 21 2016
In August, Justice Belobaba handed down his decision in Johar v. Best Buy Canada Ltd., 2016 ONSC 5287. [http://www.canlii.org/en/on/onsc/doc/2016/2016onsc5287/2016onsc5287.html]. This judgment serves as a stark reminder to employers: if you assert just… more »
 

The Duty of Good Faith & Workplace Investigations: Joshi v National Bank of Canada

Posted On: August, 25 2016
A recent decision of the Ontario Superior Court has indicated that employers may in breach of their contractual duty of good faith if they fail to provide employees with due process rights in workplace investigations. The recent decision in Joshi v… more »
 

Higher Standard of Proof in Police Discipline Hearings

Posted On: August, 18 2016
While the standard of proof in criminal law is to establish facts beyond a reasonable doubt, civil courts and administrative tribunals generally require that claims be proven on a balance of probabilities.  Thanks to a recent decision of the Ontario… more »
 

Andrew Wray is a panelist at the Law Society of Upper Canada’s 4th Annual Human Rights Summit on November 30, 2015.

Posted On: January, 08 2016
Andrew Wray is a panelist at the Law Society of Upper Canada’s 4th Annual Human Rights Summit on November 30, 2015. Andrew is presenting a paper entitled “Under the Microscope: Judicial Review of Human Rights Decisions”, co-authored with Niiti Simmonds… more »
 

Antunes v Limen Structures Ltd, 2015 ONSC 2163: Employers beware, honesty is the best policy when making offers of employment.

Posted On: December, 28 2015
The Ontario Superior Court’s recent decision in Antunes v Limen Structures Ltd is an important caution to employers who embellish the attributes of their company or a particular position when courting future employees. This decision makes clear that the… more »
 

Caution! Put all Necessary Evidence before an Administrative Decision Maker

Posted On: December, 23 2015
A recent case of the Federal Court of Appeal, Bernard v Canada (Customs and Revenue Agency), 2015 FCA 263, is a cautionary tale on the importance of collecting all necessary evidence and putting it before an administrative decision maker in the first instance, and not before a Court on judicial review. more »
 

Can you resign during a working notice period and still get severance pay?

Posted On: December, 14 2015
From time to time we meet with employees who have been given notice of termination by their employer and want to know what happens to their severance pay if they decide to resign during the working notice period. Are they still entitled to it?  Must… more »
 

Access Denied: Limits on Employers’ Rights to their Employees’ Medical Information

Posted On: December, 07 2015
The issue of an employer’s right to itsemployees’ medical information is a fiercely contested one in the Ontario workplace. Ontario law provides employees with a degree of security that their employment will be protected while on medical leave. The… more »
 

Recent Developments in the Law of Workplace Accommodation

Posted On: November, 23 2015
Few areas of employment law cause as much confusion as the duty to accommodate persons with disabilities in the workplace. Under the Ontario Human Rights Code ("Code"), every person has a right to equal treatment with respect to employment without discrimination because of disability. more »
 

Defamation in the internet age means you can sue in Ontario for statements made abroad

Posted On: September, 29 2015
In a recent decision released in August 2015, an Ontario Court held that a plaintiff could bring a defamation action in Ontario over allegedly defamatory statements made in a foreign based news publication which were posted online. The plaintiff is a… more »
 

Andrew Pinto to Speak at the Law Society of Upper Canada’s Employment Law Summit on October 29, 2015 on the Duty to Accommodate

Posted On: September, 26 2015
Andrew Pinto has once again been invited by organizers of the Law Society of Upper Canada’s 2015 Employment Law Summit to speak on the topic of the Duty to Accommodate in Canadian law. Andrew is one of Canada’s leading experts in the areas of… more »
 

Preparing your Business for the Ontario Retirement Pension Plan

Posted On: September, 17 2015
The Ontario Government has begun the roll-out of the Ontario Retirement Pension Plan (“Retirement Pension Plan”) which is intended to provide a predictable source of retirement income for Ontarians. The costs associated with the Retirement Pension Plan… more »
 

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