Top 10 business decisions of 2020 part two: From termination and tax to good-faith contracts
By Julius Melnitzer | March 12, 2020 This is the second of a two-part series listing the Top 10 Business Decisions in Canada for 2020. The first part dealt with cases ranked 6-10. This article ranks the top five in ascending order. 5. Waksdale v. Swegon North America Inc. 2020 ONCA 391 Ultimately, Waksdale stands for the proposition that […]
Federal employers shouldn’t change employment entitlements during notice period: court
Julius Melnitzer | February 5, 2021 A recent decision from the Ontario Superior Court suggests that federally-regulated employers will be held to the same strict rules as their provincial counterparts in ensuring that termination provisions comply with minimum employment standards. “The decision in Sager v. TFI International Inc. extends courts’ pro-employee interpretation of termination clauses in the […]
Federal Court decertifies veterans’ class action for delay on pension benefits
December 17, 2020 | By Julius Melnitzer The Federal Court of Appeal has decertified a $100-million class action brought by former members of the Canadian Armed Forces reserves whose retirement benefits were delayed. Read more RELATED ARTICLES Federal Court certifies veterans‘ class action for delay on pension benefits Appeal court upholds ruling in RCMP pension […]
Supreme Court decision aggravates termination clause problems for employers
Julius Melnitzer | November 2, 2020 A recent decision from the Supreme Court of Canada suggests the test for employers seeking to limit recovery for unlawful termination damages related to long-term incentive plans may be insurmountable in practice. Read more.
Supreme Court ruling in RCMP pension case may force plan design changes
Julius Melnitzer | October 22, 2020 Last week’s Supreme Court of Canada ruling that the Royal Canadian Mounted Police pension plan discriminated against job-sharing women should be a wake-up call to pension administrators that changes in plan design to accommodate equality rights are long overdue. Read more Related articles Appeal court upholds ruling in RCMP […]
Beware the pitfalls of employees working remotely from abroad
September 21, 2020 | By Julius Melnitzer There’s a new twist on the expatriate employee: one who wants to or has to move abroad, to a place where the employer has little if any presence – – – but is willing to do the job remotely. There’s also a variation on the theme. It comes […]
Layoffs: Employers, employees need to think long term
Thursday, April 09, 2020 As Natalie MacDonald sees it, flexibility is the core strategy for employers and employees seeking to survive the vortex of economic chaos and COVID-19 that now permeates our society and the world. “Employers, if the employee can use their vacation or pay in lieu of time off, let them,” said the […]
Arbitration clause doesn’t offend employment standards legislation, rules B.C. court
March 3, 2020 The British Columbia Supreme Court has ruled that a clause in an employment agreement mandating arbitration as a way of resolving wrongful dismissal disputes doesn’t illegally contract out of provincial employment standards legislation. The ruling departs from Ontario jurisprudence that’s currently under appeal to the Supreme Court of Canada. “The B.C. judge […]
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 […]