Assumptions Can Get Employers Into Trouble!
A recent decision highlights the risks associated with assuming an employee has resigned when they refuse to return to work. In Nagpal v IBM Canada Ltd., Vinay Nagpal, an employee...
Articles
The Ontario Division Court Weighs In: He Said/She Said, Credibility and Trauma
The Ontario Human Rights Tribunal (“Tribunal”) has made the highest monetary award to date in the monumental 2018 decision of A.B. v. Joe Singer Shoes Limited. The Tribunal awarded the...
Ontario to Increase Claims Limit for Small Claims Court
Effective January 1, 2020, the monetary claims limit for Small Claims Court in Ontario will increase from $25,000.00 to $35,000.00 (excluding interest and legal costs). Of note, the previous limit...
Terminating For Cause: Ask First!
A recent case decided by the Supreme Court of British Columbia provides a useful example of how not to handle a termination for cause. In Acumen Law Corporation v Ojanen,...
Employer Obligations and the Right to Vote
Election day is quickly approaching! With the Federal election scheduled for October 21, 2019, employees of your organization may be entitled to paid time off to vote. The Canada Elections...
Beware of the Dreaded Oral Agreement!
A recent Ontario decision serves as a good reminder to employers to be weary of entering into oral employment agreements. In Mineault v. E.S. Fox Limited, the employee was hired...
Six Months’ Service = Six Months’ Severance
A very recent decision from the British Columbia Superior Court reaffirms that short service employees will be awarded disproportionate reasonable notice awards if the circumstances fit. Mr. Greenless worked for...
Contractors: Dependent or Independent
The Ontario Court of Appeal recently provided some much-needed guidance on how to identify a dependent contractor in Thurston v. Ontario (Children’s Lawyer) (“Thurston”). A dependent contractor is a third...
Beware of the fixed-term contract! $1.3 million awarded to Former Employee
The Ontario Superior Court of Justice recently awarded a whopping $1.3 million to a former general manager of a funeral home in North Bay, Ontario. In, McGuinty v. 1845035 Ontario...
A Slap (or Three) in the Face – Ignore a Harassment Claim and Pay the Price!!
In Bassanese v German Canadian News Company Limited et al, an employer learned the hard way that ignoring a complaint of workplace harassment can result in serious financial consequences. The...