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Much Ado About Nothing

Much Ado About Nothing

November 30, 2023

Non-Compete Clauses in Ontario Employment Law a)   Background In this article we consider the impact of the prohibition of employment-related non-compete agreements…

Lessons from the Bench – Recent Wrongful Dismissal Outliers

Lessons from the Bench – Recent Wrongful Dismissal Outliers

November 1, 2023

In the last month, the Courts have issued three decisions that are outliers worthy of mention.  The first involves a notice period…

Bill 79, Working for Workers Act, 2023 Receives Royal Assent

Bill 79, Working for Workers Act, 2023 Receives Royal Assent

November 1, 2023

On October 26, 2023, Bill 79, the Working for Workers Act, 2023 received royal assent.    This Act is the third in a…

SLAPP and SLAPP Back – The Cost of Taking Things Too Far

SLAPP and SLAPP Back – The Cost of Taking Things Too Far

September 29, 2023

The Ontario Court of Appeal has recently dismissed an anti-SLAPP motion in an employment related dispute.  You might be wondering, “What is…

Not Quite End of the Year Review – Court of Appeal Decisions 2023

Not Quite End of the Year Review – Court of Appeal Decisions 2023

September 29, 2023

With summer ending it is the perfect opportunity to take some time and reflect on the passing of the year. What better…

Independent Contractors Have a Duty to Mitigate Damages

Independent Contractors Have a Duty to Mitigate Damages

August 29, 2023

The Ontario Court of Appeal has recently determined that independent contractors whose fixed term contracts are terminated early, have a duty to…

Court Orders Employer to Produce Termination Packages

Court Orders Employer to Produce Termination Packages

August 29, 2023

Employers who negotiate exit packages for their departing employees often expect such negotiations and the resulting packages to remain confidential. A recent…

Accommodating Disability and Family Status Based Remote Work Requests

Accommodating Disability and Family Status Based Remote Work Requests

July 31, 2023

Remote Work Requests  A recent trend facing employers trying to return employees to the office is requests for accommodation to stay remote….

Forfeiture Provisions Must be Brought to Employee’s Attention

Forfeiture Provisions Must be Brought to Employee’s Attention

June 29, 2023

In Maynard v. Johnson Controls Canada LP, the Court of Appeal has confirmed that employers have a duty to notify employees of…

Clumsy Remote Workers and Employer Liability

Clumsy Remote Workers and Employer Liability

June 29, 2023

One evolving issue in the new hybrid or remote workplace is the balance between privacy and the employer’s obligation to keep workers…

Acquiescence or Condonation of a Temporary Layoff

Acquiescence or Condonation of a Temporary Layoff

May 30, 2023

The Court of Appeal’s decision in Pham v. Qualified Metal Fabricators Ltd., confirms that an employee who has seemingly acquiesced to a…

Case Law Update: Failure to Mitigate

Case Law Update: Failure to Mitigate

May 30, 2023

An employee who has been wrongfully dismissed from their employment has a duty to mitigate their damages by making reasonable efforts to…

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M6K 3H5

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