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Client Resources

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…

Single Racial Slur Created Poisoned Work Environment

Single Racial Slur Created Poisoned Work Environment

May 30, 2023

In a recent decision from Arbitrator Larry Steinberg – Iron Forming Inc. v Labourers’ International Union of North America, Local 183 –…

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…

Canada Passes Fighting Against Forced Labour and Child Labour Act

Canada Passes Fighting Against Forced Labour and Child Labour Act

May 30, 2023

On May 3, 2023, the Canadian Parliament passed Bill S-211, the Fighting Against Forced Labour and Child Labour in Supply Chains Act…

Healthcare Update – May 2023

Healthcare Update – May 2023

May 30, 2023

Healthcare Related Cases of Interest a)   Independent Assessment Committee: an arbitrator has no jurisdiction to declare Local Health Integration Networks are common…

Healthcare Update – April 2023

Healthcare Update – April 2023

April 28, 2023

COVID-19 Related Cases of Interest a)   Mandatory Vaccinations: The Hospital’s decision to treat non-compliance with its vaccination policy as disciplinable misconduct and…

Lakeridge v CUPE: Terminating Unvaccinated Hospital Employees

Lakeridge v CUPE: Terminating Unvaccinated Hospital Employees

April 28, 2023

On April 26, 2023, Arbitrator Robert Herman issued his much-anticipated decision regarding mandatory vaccinations and hospital employees.  This is the first Ontario…

Case Law Update – Race Related Comments

Case Law Update – Race Related Comments

April 28, 2023

As we previously described in our February Case Law Update, summary dismissal for just cause requires employees to engage in misconduct that…

Trends in Workplace Investigation Jurisprudence

Trends in Workplace Investigation Jurisprudence

April 28, 2023

Workplace investigations are now ubiquitous for Ontario employers.  It is not surprising that litigation about the investigation process is increasing.  In this…

Proposed Amendments to Ontario’s Employment Standards Act and Increase to the Minimum Wage

Proposed Amendments to Ontario’s Employment Standards Act and Increase to the Minimum Wage

March 30, 2023

On March 13, 2023, the Ontario government announced that in response to the rise of remote workers and a changing economy, it…

Case Law Update: “Changed Substratum” Doctrine

Case Law Update: “Changed Substratum” Doctrine

March 30, 2023

Effective employment contracts include termination clauses that set out an employee’s entitlements upon termination of employment. These clauses are vulnerable to attack…

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Toronto, Ontario
M6K 3H5

Main Line: 416-534-7770 

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