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.
Category: Uncategorized
Multijurisdictional Employers Take Note: Ontario Court of Appeal Allows Action Involving Ontario-based Employee of a Foreign Company to Proceed
Multijurisdictional employers should note the potential for Ontario proceedings to take place in Ontario when employees perform work in Ontario.
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.
Canada-U.S. Trade Talks Break Down: What Employers Should Watch For
Canada-U.S. trade talks have broken down, and the federal government has announced retaliatory tariffs expected to take effect on September 8. For employers in affected sectors the developments may raise important operational and workforce planning considerations.
Ontario Court Allows Retroactive Application of UCCMS to Historic Misconduct
The Ontario Superior Court of Justice has upheld an arbitrator’s decision finding that the UCCMS may, in certain circumstances, be applied retroactively to historical allegations of misconduct. This decision is an important reminder that safe sport obligations may extend to conduct that occurred before the UCCMS came into force.
Arbitrator Strikes Down TTC’s Random Drug and Alcohol Testing Program
A significant decision concerning workplace drug and alcohol testing, has found that the Toronto Transit Commission’s (TTC) random drug and alcohol testing program was unreasonable, contrary to the collective agreement and inconsistent with employees’ rights under section 8 of the Canadian Charter of Rights and Freedoms (Charter).
“At Any Time” and “For Any Reason” Termination Clauses Survive: OCA Clarifies Rules for Interpreting Employment Contracts
The Ontario Court of Appeal has issued a significant decision that brings much-needed clarity to the interpretation of employment contracts and the enforceability of termination provisions under the Employment Standards Act, 2000.
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.
Unwritten Practices, Selective Discipline, and the Cost of Bad Faith
Wilsher v. Olympic Wholesale highlights the risks for employers of relying on unwritten practices, enforcing workplace rules inconsistently, and engaging in bad faith conduct during the dismissal process.