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Part II: Revisiting Render v. ThyssenKrupp Elevator (Canada) Limited and Surveying its Progeny

Part II: Revisiting Render v. ThyssenKrupp Elevator (Canada) Limited and Surveying its Progeny

June 13, 2025

Three years ago, the Ontario Court of Appeal released a seminal decision on the distinction between “wilful misconduct” under the ESA and “just cause” at common law. In this second installment of a three-part series, we explore how Render has been applied in the context of Ontario labour arbitration awards and OLRB rulings.

Ontario Court of Appeal Upholds Employer’s ESA-Only Termination Clause

Ontario Court of Appeal Upholds Employer’s ESA-Only Termination Clause

June 13, 2025

In a significant recent decision (Bertsch v. Datastealth Inc.), the Ontario Court of Appeal upheld a termination clause that limited an employee’s compensation on termination to just the statutory minimums under the Employment Standards Act, 2000.

Working for Workers Update: Bill 30, Key Summertime “In Force” Dates, and More

Working for Workers Update: Bill 30, Key Summertime “In Force” Dates, and More

June 13, 2025

This article provides an update on the Working for Workers legislative series. It includes key coming into force dates that are fast approaching (such as the new long-term illness leave under the ESA on June 19, 2025), the new Working for Workers Seven Act, 2025 (Bill 30), and a hot-off-the-press regulatory change to the ESA.

OLRB Finds Sexual Assault by Physician Constitutes Workplace Violence Under OHSA

OLRB Finds Sexual Assault by Physician Constitutes Workplace Violence Under OHSA

April 2, 2025

In a recent decision, the OLRB considered the difference between “workplace harassment” and “workplace violence” under the OHSA in the context of serious sexual misconduct.

Part I: Revisiting Render v. ThyssenKrupp Elevator (Canada) Limited and Surveying its Progeny

Part I: Revisiting Render v. ThyssenKrupp Elevator (Canada) Limited and Surveying its Progeny

April 2, 2025

The Ontario Court of Appeal’s decision in Render v. ThyssenKrupp Elevator (Canada) Limited – issued nearly three years ago – is now widely cited for its clear articulation of the distinction between just cause under the common law and wilful misconduct under the ESA. This three-part series revisits the case and surveys those that have considered it.

Another Termination Clause Bites the Dust in Recent Court Decision

Another Termination Clause Bites the Dust in Recent Court Decision

February 26, 2025

The first “Dufault” decision of 2025 is here. In Baker v. Van Dolder’s Home Team Inc., 2025 ONSC 952, the Ontario Superior Court of Justice applied the precedent established in Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, to a “without cause” termination provision that contained “at any time” language.

Is Your Workplace Ready for Bill 190? New OHSA Rules for Employers in 2025 

Is Your Workplace Ready for Bill 190? New OHSA Rules for Employers in 2025 

February 26, 2025

This article covers key changes under the Working for Workers Five Act, 2024 (Bill 190), including the expansion of workplace harassment policies to cover virtual misconduct, the OHSA’s application to remote work, and new digital access requirements for safety documents and JHSC meetings.

Bill 229 Receives Royal Assent

Bill 229 Receives Royal Assent

December 29, 2024

Bill 229, the Working for Workers Six Act, 2024, received Royal Assent on December 19, 2024. This article reviews the resulting amendments to the ESA and the OHSA and relevant coming-into-force information.

Top Human Rights Law Cases of 2024

Top Human Rights Law Cases of 2024

December 29, 2024

In this article, we explore five notable cases from 2024 and the key lessons they offer for employers navigating human rights and accommodation issues in the workplace.  

Top Employment Law Cases of 2024

Top Employment Law Cases of 2024

December 29, 2024

This year brought more cases about termination clauses, the employer’s duty to provide a safe working environment, the duty to handle employee terminations with sensitivity and in good faith, fixed-term contracts, and more.

Legislative and Regulatory Developments on the Working for Workers Series

Legislative and Regulatory Developments on the Working for Workers Series

December 13, 2024

Ontario introduced the sixth installment in the Working for Workers legislative series (Bill 229), publishes coming-into-force information for changes made under previous installments, and files new related regulations.

Employer’s ESA-Only Termination Clause is Victorious in Rare Decision

Employer’s ESA-Only Termination Clause is Victorious in Rare Decision

November 7, 2024

In a recent (and rare!) decision from the Ontario Superior Court of Justice, the Court upheld a termination provision that limited an employee’s compensation upon termination to only the minimum entitlements under the Employment Standards Act, 2000.

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