In a recent decision regarding the enforceability of a restrictive covenant, Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal upheld the decision of a motion judge that the restrictive covenant at issue constituted an unenforceable non-compete clause…
Author: Hicks Morley
Minimum Wage to Increase on October 1, 2016
As previously reported, on October 1, 2016, the general minimum wage in Ontario will increase from $11.25 to $11.40 an hour. This minimum wage applies to most employees…
ESA Blitz This Fall to Target Repeat Violators
The Ministry of Labour has announced that from September 1, 2016 to October 31, 2016, employment standards officers will conduct blitzes targeting employers who have a history of non-compliance with the Employment Standards Act, 2000 (ESA). The blitz will primarily target sectors where there is a level of precarious employment, including personal care and professional…
Federal Privacy Commissioner Uses Ashley Madison Incident to Promote Good Information Governance
Organizations subject to Canadian privacy law should be aware that the Office of the Privacy Commissioner of Canada (together with the Australian Information Commissioner) recently issued a report on the 2015 breach of the Ashley Madison website – a breach that affected nearly 35 million individuals who had used the online dating site for adults…
Employer Workplace Harassment Obligations Coming Into Force September 8, 2016
On September 8, 2016, changes to the Occupational Health and Safety Act are coming into force which place additional duties on employers with respect to the prevention of workplace harassment. As previously reported, these changes have been brought about by Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence…
Expelling a Partner: An Expensive Cautionary Tale for Partnerships
In a cautionary tale for partnerships large and small, the Ontario Superior Court has found that BDO Canada LLP (BDO) breached the terms of its Partnership Agreement (Agreement) and its fiduciary duty when it required Tim Ludwig (Ludwig) to retire from the partnership. Damages in excess of $1.3 million were awarded. In Tim Ludwig PC…
Ontario to Repeal ORPP Administration Corporation Act
On July 28, 2016, the Ontario government announced its plans to repeal the Ontario Retirement Pension Plan Administration Corporation Act, 2015 (Act) when the Legislature resumes sitting in the Fall, 2016. The Act created the Ontario Retirement Pension Plan (ORPP) Administration Corporation to administer the ORPP, Ontario’s stand-alone solution to address retirement security concerns for…
Employer’s Egregious Mistreatment of Disabled Employee Leads to Increase in Damages Award
In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…
Appellate Court Considers Intentions of Parties, Finds an ESA-Only Termination Clause Valid
We previously reported on a decision in which a motion judge of the Ontario Superior Court considered…
ORPP Act Passes Third Reading as Amended by Committee
On June 2, 2016, Bill 186, the Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 (ORPP Act, 2016) passed…