Blog
Blog
Can employment lawyers seek notice periods in excess of what was pleaded? (Lynch v. Avaya Canada Corp.)
Wednesday, December 13, 2023Noah Bonis CharancleLitigation, Employment LawEmployee, Employer
Can Courts award larger notice periods than what was originally requested in the pleadings? The Court of Appeal for Ontario’s decision in...
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Fixed-term contracts and the duty to mitigate (Monterosso v. Metro Freightliner Hamilton Inc.)
Monday, December 4, 2023Saisha MahilLitigation, Employment LawEmployer, Employment Standards Act, 2000, Termination, Employment Agreements, Employee
Employers often mistakenly believe that they are better protected by choosing fixed-term (temporary) employment arrangements instead of...
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Owner’s risk expanded by Supreme Court of Canada
Monday, December 4, 2023Rui FernandesLitigationOccupational Health and Safety Act, Sudbury, Employer Obligations, Employee, Employer, Contractor
In a decision that may impact all industries, the Supreme Court of Canada recently expanded a project owner’s risk with respect to...
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Constructive dismissal claim resulting from temporary layoff not barred by Ontario COVID-19 Regulation
Thursday, April 29, 2021James R.G. CookLitigation, Employment LawEmployment Agreements, Employee, Employer, COVID-19, Constructive Dismissal, Employment Standards Act, 2000, Infectious Disease Emergency Leave (IDEL Regulation)
In Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, Justice D.A. Broad of the Ontario Superior Court of Justice dismissed an employer’s motion for summary judgment which sought the dismissal of an employee’s action for constructive dismissal arising...
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Court dismisses non-competition injunction against former key employee
Sunday, March 28, 2021James R.G. CookLitigation, Employment LawEmployee, Employer, Contract Law, Restrictive Covenant, Non-Compete
When relationships end between a business and an individual who was a principal thereof, the business may be understandably concerned about competitive ventures it may face from its...
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Can your boss force you to take the COVID-19 vaccine?
Friday, December 11, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Employee, Employment Agreements, Ontario, Human Rights Code, Occupational Health and Safety Act
If 2020 has felt like a horror movie, the COVID-19 vaccine is the highly anticipated final act. Now with the vaccine’s...
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A COVID-19 lay off may not be termination
Tuesday, April 21, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Termination, Employment Agreements, Employee, Employer, Employment Standards Amendment Act, State of Emergency
Canada lost a staggering million plus jobs in the month of March. The International Labour Organization has said based on current statistical information, 1.25 billion workers or 38% of the Global Workforce may face workplace displacement as a result of the COVID-19 pandemic.
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Top 10 Work Refusal Questions for Employers and Employees during the COVID-19 Pandemic
Monday, April 6, 2020Soma Ray-EllisLitigationCOVID-19, Workplace Safety and Insurance Board (WSIB), Employee, Employer, Employment Agreements, Employment Standards Amendment Act
The global spread of COVID-19 has impacted employers and employees across the globe, and Canada is no exception. Soma Ray-Ellis, Chair – Employment and Labour Law Group has prepared the ten most relevant questions that employers and employees need to understand in this COVID-19 work reality we now find ourselves in.
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