The Ontario Superior Court of Justice recently upheld a cause termination where an employee was found to have installed spyware onto his employer’s computer. The Court also considered the availability of the “after-acquired cause” defence In Sankreacha v. Cameron J. and Beach Sales Ltd., the plaintiff’s employment as a service advisor in the automotive department…
Author: Hicks Morley
Appellate Court Allows Appeal of Stay in Uber Driver Class Action
The Ontario Court of Appeal has allowed an appeal of a lower court decision which had stayed a class action filed by the plaintiff (appellant) on behalf of his fellow class members, Uber drivers, against Uber and its affiliates. The lower court had ruled that an arbitration clause (Clause) embedded in the Services Agreement (Agreement)…
“ESA-Only” Termination Clause Complied with ESA but Failed to Rebut Presumption of Common Law Notice
The Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice. The plaintiff was therefore owed reasonable notice. In Movati Athletic (Group)…
Ontario Government Files Regulations Further to Bill 47 Changes to ESA
On December 14, 2018, the Ontario government filed five regulations made under the Employment Standards Act, 2000 (ESA) further to the repeal of certain provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017 by Bill 47, Making Ontario Open for Business Act, 2018. These changes are in effect January 1, 2019. O. Reg. 498/18…
Senate Passes Bill Proposing Changes to Canada Labour Code and Implementation of Federal Pay Equity Scheme
On December 10, 2018, Bill C-86, Budget Implementation Act, 2018, No. 2, passed Third Reading in the Senate without amendment and is now awaiting Royal Assent. As we reported in our Federal Post of November 2, 2018, Bill C-86 will make significant changes to the Canada Labour Code and will introduce a new federal Pay…
More Changes to Workplace Laws Are on the Horizon for Ontario Employers
On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 passed Third Reading and received Royal Assent. On the same date, the government tabled Bill 66, Restoring Ontario’s Competitiveness Act, 2018, omnibus legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), the Pension Benefits Act (PBA) and other statutes.
Bill 57 Referred to Committee – Note Short Deadline for Making Submissions
On November 28, 2018, Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018, was referred to the Standing Committee on Finance and Economic Affairs (Committee). The Committee will meet on Monday December 3, 2018 for public hearings on the Bill. Any request to appear before the Committee must be submitted to the Clerk of…
New Regulations Filed Under Labour Relations Act, 1995 – Arbitration Awards to be Made Publicly Available
On November 21, 2018, the Ontario government filed two regulations made under the Labour Relations Act, 1995 (LRA). The first regulation is made further to the repeal by Bill 47, Making Ontario Open for Business Act, 2018 of certain provisions of the LRA, previously enacted by Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill…
Federal Government Issues Fall Economic Statement
On November 21, 2018, the federal government issued its Fall Economic Statement 2018, “Investing in Middle Class Jobs” (Statement). Among other things, the Statement: reiterates the Budget 2018 commitment of an evidence-based approach towards addressing retirement security and announces that targeted consultations will soon be launched as the government continues to explore ways to enhance…
Court Uses Expanded Fact-Finding Powers to Grant Summary Judgment in Departing Employee Case
The Ontario Superior Court of Justice recently considered the obligations of departing employees to their former employers with respect to fiduciary duty, confidential information and solicitation of former customers. In OIBC v. KO, Ms. Ko had worked with Overseas Insurance Brokers Corporation (OIBC or Plaintiff) for 23 years as an insurance broker. She gave her…