Articles

More Changes Coming to the Canada Labour Code

Just a few months ago in August we informed you that Royal Assent was granted to Bill C-44, the Budget Implementation Act, 2017, No. 1, making significant changes to the Canada Labour Code (“Code”). Now more changes are coming! Earlier this month, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence),...

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Holiday Party 101

With December quickly approaching, company holiday parties are right around the corner. Here is a list of DO’S and DON’TS to help ensure that your company ends up on Santa’s ‘nice’ list this year! DO restrict alcohol consumption If you plan on serving alcohol at the Company holiday party, it is important to implement measures...

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Supreme Court Limits Opportunities to Challenge Arbitral Awards

In June 2017, the Supreme Court of Canada released a decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, which acted to further strengthen the principle of finality to be applied with respect to commercial arbitration awards. Teal Cedar follows the Supreme Court’s 2014 decision in Sattva Capital Corp. v. Creston Moly...

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Employer Hit with High Damage Award due to a Failure to Provide a Reference Letter and an Onerous Non-Competition Provision

Mr. Nemirovski, a 40 year old product manager at Socast Inc. (the “Company”), was terminated without cause after 19 months of service. It took Mr. Nemirovski more than nine (9) months to find alternative employment, which ultimately paid less than his previous job. The Company refused to provide a reference letter and the employment contract...

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WVCD Clients Successful At Supreme Court of Canada

On October 26, 2017 the Supreme Court of Canada dismissed the application for leave to appeal of the Appellant from the decision of the Ontario Court of Appeal in Chapman v. GPM Investment Management and Integrated Asset Management Corporation. WVCD successfully acted for the Respondents in the appeal. The case concerned whether the Appellant had...

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More Proposed Changes in Ontario; this time, in Human Rights

A private member has introduced a bill proposing the addition of four new protected grounds to the Ontario Human Rights Code (“Code”). As many of you know, the Code was established in 1962 and provides protection against discrimination in employment as well as in other spheres such as housing, contracts, goods, services and facilities. It...

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Further Changes to the Ontario Employment Standards Act, 2000

As a follow-up to our June 2, 2017 alert regarding the proposed changes to the Ontario Employment Standards Act, 2000, (the “ESA”), employers should be aware that the Standing Committee on Finance and Economic Affairs (the “Committee”) adopted significant amendments to Bill 148, The Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”), which are currently...

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Is a Resignation Really a Resignation?

In Carroll v. Purcee Industrial Controls Ltd, 2017 ABQB 211, the Court of Queen’s Bench of Alberta (the “Court”) recently decided whether requesting a severance package amounted to a resignation. Background Mr. Carroll worked in sales and development for Purcee Industrial Controls Ltd (the “Company”) for almost five (5) years in Calgary and overseas. There...

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Ontario Court Recognizes New Tort of Harassment – and Employee is Awarded $141,000 in Damages

In one of the first of its kind, a recent Ontario Superior Court of Justice decision found an employer liable for the tort of harassment and awarded significant monetary damages. In Merrifield v Canada (Attorney General), the Royal Canadian Mounted Police (“RCMP”) was ordered to pay general damages of $100,000 and special damages of $41,000 to a...

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