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Client Resources

Revisiting the Duty to Mitigate

Revisiting the Duty to Mitigate

October 6, 2021

In the leading Supreme Court of Canada decision, Evans v Teamsters Local Union No. 31, the duty to mitigate is described as a duty to take…

Damage Awards in Labour Arbitration Cases

Damage Awards in Labour Arbitration Cases

October 6, 2021

Labour arbitrators are increasingly willing to award monetary damages to grievors for employer breaches of the collective agreement. In the landmark case…

HRTO Recent Damage Awards 

HRTO Recent Damage Awards 

October 6, 2021

DOWNLOAD & SHARE     The high-water mark for a damage award for injury to an employee’s dignity, feelings and respect is…

Discovery Shorts

Discovery Shorts

September 3, 2021

COVID Bumps and Reasonable Notice Goetz v. Instow Enterprises Ltd., 2021 BCSC 709 – The plaintiff employee was not entitled to an…

Common Employers — the ESA, the Common Law, and the Confusion

Common Employers — the ESA, the Common Law, and the Confusion

September 3, 2021

After the Ontario Court of Appeal decision in O’Reilly v. ClearMRI Solutions Ltd. and the Ontario Divisional Court decision in Hawkes v….

Healthcare & Human Rights Update

Healthcare & Human Rights Update

September 3, 2021

In March 2021, we provided a Healthcare Update related to decisions released throughout the pandemic in the healthcare sector. The following are…

Section 31 of the Workplace Safety Insurance Act — Mental Stress Claims and Constructive Dismissal

Section 31 of the Workplace Safety Insurance Act — Mental Stress Claims and Constructive Dismissal

September 2, 2021

In a recent case, the Ontario Divisional Court overturned a Workplace Safety and Insurance Appeals Tribunal (WSIAT) decision that a constructive dismissal…

Human Rights Tribunal of Ontario Finds Employer Required to Investigate “Informal” Allegations of Unconscious Bias Discrimination

Human Rights Tribunal of Ontario Finds Employer Required to Investigate “Informal” Allegations of Unconscious Bias Discrimination

June 17, 2021

In a recent decision of the Human Rights Tribunal of Ontario, the Tribunal affirmed an employer’s obligation to investigate informal claims of…

Wrongful Dismissal Update

Wrongful Dismissal Update

May 18, 2021

Much has been written lately about whether the courts are applying a “COVID Bump” to termination notice periods and whether lay-offs during…

Despite the IDEL Regulation, Employees can Bring a Constructive Dismissal Claim at Common Law

Despite the IDEL Regulation, Employees can Bring a Constructive Dismissal Claim at Common Law

May 4, 2021

In a recent Ontario case, the Court held that the IDEL Regulation does not preclude an employee from bringing a constructive dismissal…

Healthcare Update – The Pandemic Year

Healthcare Update – The Pandemic Year

March 23, 2021

“At the end of the day, we can endure much more than we think we can.” – Frida Kahlo As we mark…

Supreme Court of Canada Update

Supreme Court of Canada Update

February 21, 2021

2020 was a busy year for the Supreme Court of Canada with four important decisions that impact employment law.  In January 2021,…

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