Taylor v. Salytics Inc., a recent decision of the Ontario Court of Appeal, provides welcome appellate confirmation that where an employment agreement expressly permits a temporary lay-off and the lay-off is implemented within the Employment Standards Act, 2000 framework, the lay-off will not trigger a constructive dismissal, and therefore a termination of employment.
Author: Hicks Morley
Safety Incidents Alone Don’t Justify Drug and Alcohol Testing
SaskEnergy Incorporated v. Unifor, a recent decision of the Saskatchewan Court of Appeal, confirms that the seriousness of a safety incident and an employee’s failure to follow safety protocols are not, by themselves, sufficient to make drug and alcohol testing a reasonable line of inquiry.
Court Clarifies Frustration and Benefit Claims in Employment Damages
The Ontario Court of Appeal has clarified two issues affecting termination liability: (1) when an employee’s illness or disability frustrates the employment contract, and (2) when an employer-provided resource is a compensable employment benefit rather than a work tool supplied to do the job.
Reminder to Employers: Ontario to Increase Minimum Wage Effective October 1, 2026
A reminder to employers that the Ontario government will be increasing the general minimum wage to $17.95 per hour (previously $17.60 per hour) effective October 1, 2026.
Ontario Superior Court Provides Guidance on Navigating Due Diligence Under OHSA
Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. Greater Sudbury (City) is significant for employers navigating due diligence under OHSA. It affirms that due diligence is not a standard of perfection but a fact-driven inquiry measured against what was genuinely within the accused’s control.
Key Changes to the HRTO’s Rules of Procedure and Practice Directions Took Effect August 17, 2026
The Human Rights Tribunal of Ontario has updated its Rules of Procedure and Practice Directions. The HRTO also introduced two new Practice Directions and process improvements.
Employer Conduct, Frustrated Contracts, and the Limits of Benefit Deductibility
In Hedrick v. Johnston Meier Insurance Agencies Ltd., Justice Bennett of the Supreme Court of British Columbia addressed two issues that will be of interest to employers: when an employer may rely on frustration of contract, and when statutory benefit payments may be deducted from wrongful dismissal damages.
Game, Set, Compensable: When Workplace Pickleball Becomes a Competitive Sport
The Alberta Appeals Commission ruled that a worker’s arm injury, sustained while playing pickleball during employer-authorized group exercise, was compensable under Workers’ Compensation Board Policy 02-01.
BC Court of Appeal Upholds Fixed-Term Employment Commitment in Business Acquisition
BCCA decision confirms agreements arising from single transaction will be read harmoniously to give effect to parties’ overall bargain.
Final Means Final: Settlement Enforced by Ontario Labour Relations Board
In Yolande Linton v. Mohawk College of Applied Arts and Technology, the Ontario Labour Relations Board (Board) upheld and enforced a settlement between the parties, dismissing the Applicant’s unlawful reprisal claim under section 50 of the Occupational Health and Safety Act. For employers, this decision reinforces that clearly communicated and accepted settlement terms can be…