Employment Litigation Law

One thing that all business owners should do is ensure that they have well-drafted employment contracts that clearly set out the terms of employment that exist between them and each of their employees. As employment litigation lawyers, we recommend that our clients who are employers include provisions in their employment contracts that explain what their...
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As many of you are aware, on April 28, 2021, the Government of Ontario responded to calls from members of the public and public health experts by introducing temporary paid sick leave to Ontarians in an attempt to curb the transmission of COVID-19. The Minister of Labour and Minister of Finance introduced the Bill called Bill...
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There are a number of reasons why an employer may have to terminate one of their employees, especially during the ongoing uncertainty caused by the COVID-19 pandemic. The employee-employer relationship is based on an agreement between the two parties. It is important for employers to understand that this relationship is, in essence, a subset of...
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All employees have an implied duty of good faith not to disclose confidential information or trade secrets; this duty is owed regardless of whether there is a non-disclosure clause in the employment contract. The law does not usually prohibit employees from using the skills and knowledge that they acquire from a past job to a...
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The Government of Canada has released several income-support benefits over the past year to assist Canadians most impacted by the pandemic. Last March, the Government of Canada introduced the Canadian Emergency Response Benefit, most commonly known as “CERB,” which provided qualifying individuals with a $2,000 benefit every four weeks, up to a maximum of sixteen...
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In the recent case, Attzs v Saputo Dairy Products Canada, 2020 ONSC 5512, the Court shed further light on the standard that an employer must meet in order to justify a termination for cause, which means a justifiable reason for terminating the employee. The consequences to an employer for terminating an employee for a justified...
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In the recent case, Kaminsky v Janston Financial Group, 2020 ONSC 5320, the plaintiff sued her former employer for wrongful dismissal after working for the defendant company for close to 18 years. Examinations were held out of court in order for each party to discover the other’s position on the lawsuit issues through questions. After...
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employers need to keep in mind employee’s rights under the Employment Standards Act (“ESA”) and the Human Rights Code (the “Code”) as both contain phrases that discipline employers who wrongfully terminate employees and/or discriminate against them based on a prohibited ground.
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In March 2020, the government established the Infectious Disease Emergency Leave (“IDEL”) in response to the pandemic. IDEL grants employees the right to take unpaid, job-protected leave if they are not performing their jobs due to a prescribed set of reasons related to COVID-19.
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Last Thursday, Tanya Walker and Jordan Koenig of Walker Law presented a webinar to provide updates on how the pandemic has impacted employment law. Just hours after the webinar, the Minister of Finance, Chrystia Freeland, and the Minister of Employment, Carla Qualtrough, made an important announcement regarding changes to Employment Insurance (“EI”) and the introduction...
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In July 2020, the Ontario Court of Appeal released two decisions that commercial landlords should be aware of as they impact notice requirements for breach of a lease and the consequences of a landlord for improperly terminating a lease.
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Since the onset of the COVID-19 pandemic, there has been a great deal of uncertainty and concern regarding the matter of safety in the workplace. In mid-March, Ontario declared a State of Emergency and all non-essential businesses within the province were ordered to close on March 24, 2020.
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On Friday, May 29, 2020, Ontario’s government issued Regulation, O.Reg 228/20, under the Employment Standards Act (“ESA”). Its most significant effects have to do with the options that are available to employers with regard to terminating or laying off its employees due to COVID-19-related reductions in business and the rights of employees to sue for...
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Since the beginning of 2020, the world has been concerned about the Novel Coronavirus. Coronaviruses are a group of viruses that can cause influenza-like symptoms in humans. An interesting characteristic of Coronaviruses is that they are “zoonotic”, meaning they can be transferred between humans and animals. In December of 2019, a number of cases of...
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Legally speaking, workers are generally classified into different categories. These classifications have very significant implications on a number of rights that workers are entitled to.
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The federal government recently implemented a number of changes to the Canada Labour Code which largely favours federal employees in certain industries such as banks, fisheries, telecommunications, and interprovincial transportation companies.
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If you are undergoing home renovations with a contractor or you are a contractor, you should note that effective October 1, 2019, several provisions under the construction law which is called the Construction Act (the “Act”) will come into force and will fundamentally change how contractors request payment from property owners.
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In February 2019, the Canadian Centre for Diversity and Inclusion published a report addressing the important role senior management and leaders play in promoting diversity and inclusion.
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The new year brings with it exciting changes and new laws. Here are two changes to the law that you should be aware of as you ring in 2019.
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  On June 7, 2018, the Ontario Progressive Conservatives were elected. Since that day, the provincial government has been moving swiftly to pass and amend laws.
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On October 17, 2018, the Federal Cannabis Act, 2018, and the Ontario Cannabis Act, 2018 became law in Ontario (“the Acts”). The Acts legalize the consumption of recreational cannabis in Canada.
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  As an employer, it is critical that you are aware of your obligations to your employees to avoid potential human rights or wrongful termination lawsuits by current or former employees on the basis of discrimination.
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Managing employees is a common challenge for many business owners. Even a single employee can have a significant impact on your business’ success, particularly if you are running a small enterprise.
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While many employers emphasize a free and expressive workplace to get the best out of their employees, for many, the display of piercings, tattoos and non-business casual attire may be a step too far, particularly when employees are the “front line” between the company and its customers. The question is: when can an employer rightfully...
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Ever signed a contract and now you want to back out? You may need to consider that a Court may hold you responsible for failing to complete the contract.
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Privacy in the workplace can be a difficult issue to navigate. In particular, employers may request certain pieces of information for certain kinds of employee leaves. However, the Ontario Employment Standards Act, 2000 (the “Act”) allows for certain protections for employees.
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As a commercial litigation lawyer, most of the cases I deal with are based on breach of contract. The key issues for the judge to determine are: a) was there a contract; b) how should the contract be understood (what was each party required to do); c) was the contract breached or violated; and d)...
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