What happens when an employer discovers serious misconduct only after terminating an employee without cause? In Birnbaum v. Dr. Chan, the Ontario Superior Court confirmed that employees are not insulated from the consequences of serious misconduct committed before termination simply because it was discovered afterwards.
Category: Employment Law
Ontario’s Municipal Accountability Act, 2025 Receives Royal Assent
Recent legislative developments have introduced key changes to municipal accountability in Ontario. Stephanie Jeronimo outlines what Ontario’s Municipal Accountability Act, 2025 means for municipalities, including new conduct standards, oversight and enforcement measures.
British Columbia Court of Appeal Confirms Remote Work Arrangements May Constitute Binding Contractual Terms
A recent British Columbia Court of Appeal decision confirmed that a longstanding remote work arrangement may become an enforceable term of employment, even if it is unwritten.
Federal Equal Treatment and Temporary Help Agencies Regulations Published
New federal regulations will introduce equal treatment and temporary help agency obligations under the Canada Labour Code, with an in-force date of October 20, 2026. Hicks Morley’s George Vuicic outlines the key requirements and practical steps federally regulated employers should consider now.
Alberta Court Finds Executive’s Misrepresentation of Academic Qualifications Justifies Dismissal With Cause
In Tudor v Accurate Screen Ltd., 2026 ABKB 237, the Alberta Court of King’s Bench upheld a just cause dismissal where a VP falsified his academic credentials on his résumé.
Use of French in Federally Regulated Private Businesses
On April 15, 2026, the Government of Canada announced that it had tabled draft regulations under the Use of French in Federally Regulated Private Businesses Act (Act). Although the draft regulations have not yet been publicly released, the Government published a Description of the Proposed Regulations, which forms the basis of this summary.
A Deal Is a Deal: Lessons From Stribling v Starbucks Coffee Canada Inc.
In Stribling v Starbucks Coffee Canada Inc., the Ontario Superior Court addressed a scenario in which an employer made a separation offer that was accepted in writing by the employee. However, the employee did not sign the release that was delivered to him by the employer and then sued for wrongful dismissal. The court treated…
Ontario Government Proposes to Shorten Construction Industry Open Periods
On April 20, 2026, the Ontario government announced the introduction of the Protecting Ontario’s Workers and Economic Resilience Act, 2026, which would, if passed, contain important potential changes to the construction industry’s “open period” which all construction employers should be aware of. Later that same day, Bill 105, Protecting Ontario’s Workers and Economic Resilience Act,…
Ontario Moves to Ban Mandatory Uniform Fees and Protect Entertainment Workers
Ontario has announced proposed amendments that would restrict mandatory, employer specific uniform fees and introduce new rules affecting talent agencies. Rhonda J. Levy summarizes what this means in our latest human resources legislative update.
Lessons In Employer Copyright Ownership From Nexus Solutions Inc. v. Krougly
Nassima Kaddoura outlines a recent Ontario Court of Appeal decision is a reminder that employers can’t assume they own employee created work — even if it competes with their business. Read the case in point and learn the key takeaways for employers.