Labour & Employment Law

All aspects of the employer-employee relationship (other than pensions and employee benefits) including questions relating to terminations, wrongful dismissal, employment standards, arbitration, collective bargaining, and human rights issues such as discrimination and the duty to accommodate

Lawyers’ class action over unpaid employment benefits masks regulatory inaction over unauthorized legal services

Deloitte argues its use of such lawyers does not constitute unauthorized provision of legal services March 7, 2018 The strategy driving an employment class action between Deloitte and more than 400 lawyers is masking an issue fundamental to the future of the legal profession. On its face, the case is about whether Deloitte misclassified the […]

Ontario’s pension-solvency rules mean non-unionized workers can’t get the best plan

‘We should urgently be doing everything possible to protect the financial future of 60% or 70% of Ontario workers who have no pension’ July 10, 2018 The Ontario government’s policy of granting preferential pension funding rules to unionized workplaces may be impairing the ability of workers in non-union and non-profit workplaces to prepare and plan […]

B.C. court decision highlights significance of termination notices

September 12, 2018 British Columbia’s Court of Appeal has upheld an award of five months’ notice for an employee with only 12 months of service who was terminated without cause. “The case is an important reminder to employers that notice obligations on termination can be significant even for short-term employees,” says David McInnes, an employment […]

Court of Appeal rejects recognizing tort of harassment

The Ontario Court of Appeal has emphatically rejected “harassment” as a freestanding tort, at least in employment cases — but it didn’t close the door on the tort forever. 25 Mar 2019 The Ontario Court of Appeal has emphatically rejected “harassment” as a freestanding tort, at least in employment cases — but it didn’t close […]

$20-million judgment overturned

The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. 25 Mar 2019 The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. “The case cried out for scrutiny,” says Doug Cunningham […]

Ontario appeal court rules former IMAX exec may exercise stock options in reasonable period

Julius Melnitzer | January 21, 2020 The Ontario Court of Appeal has ruled that a wrongfully dismissed employee could take advantage of the stock options and restricted share units that vested during the reasonable notice period, despite language in the governing plans that cancelled unvested units on termination. The case, between IMAX Corp. and a former executive named Larry […]

No winners in wrongful dismissal appeal decision

Most of the time, litigation produces a victor. But the victor isn’t always a winner. And sometimes there are no winners.So it is with Colistro v. Tbaytel 2019 ONCA 197, a recent decision from the Ontario Court of Appeal arising from a wrongful dismissal case. From the employer’s perspective, it’s a case that never should have found […]

Is sex addiction a disability employers must accomodate?

A Nova Scotia arbitrator has ruled that sex addiction isn’t a disability that employers must accommodate, especially where the condition doesn’t affect the employee’s ability to perform their duties. The arbitrator, Augustus Richardson, also expressed doubt that a condition called “sex addiction” existed, noting it wasn’t generally recognized by an accredited professional body such as the American […]

New workplace harassment law will be real ‘game changer’ for employers

Employers will have to completely reassess how they manage harassment and violence in the workplace, costing hundreds of millions All eyes may be on the numerous amendments to the Canada Labour Code (CLC) that take effect on Sept. 1, but their impact on the 18,000 federally regulated employers and 900,000 employees governed by the legislation […]

Ontario Court of Appeal ruling highlights interpretation of termination clauses

The Ontario Court of Appeal has taken a technical approach to interpreting “termination clause” in ruling that a failsafe clause that doesn’t clearly apply to the entirety of a termination clause won’t be enforceable. “The big takeaway from Andros v. Colliers Macaulay Nicolls Inc. is that courts will pay close attention to grammar and structure in interpreting failsafe […]

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