Appeal Court Rules on Termination Clauses and Proper “Failsafe” Language

The differing interpretations by the courts of employment contract provisions which limit entitlements upon termination has caused considerable confusion of late. The Ontario Court of Appeal has rendered a helpful decision which may serve to lessen some of the confusion. The Court reversed a lower court decision and found that a clause in an employment…

Must Exercise Termination Rights Under Independent Contractor Agreement in Good Faith, Appeal Court Rules

In the recent case Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal determined that the appellant company failed to exercise its termination rights under an Independent Consulting Agreement (ICA) in good faith. As a result, they were liable to pay to the independent contractor (respondent) the amount owing for the remainder of…

WSIB Rate Framework Policies Finalized

The Workplace Safety and Insurance Board (WSIB) has finalized the following core policies which will support the new Rate Framework, to be implemented on January 1, 2020: Coverage Status The Classification Structure Single or Multiple Premium Rates Associated Employers Employer Level Premium Rate Setting Employer Premium Adjustment As previously reported, the WSIB held public consultations…

Cannabis Act in Force October 17, 2018

The federal government has announced October 17, 2018 as the date on which the Cannabis Act comes into force. The Act was passed by the Senate on June 19, 2018. For more information, see our FTR Now of June 20, 2018 “Cannabis Act In Force October 17, 2018: Preparing Your Workplace.” Editor’s Note: The Cannabis…

Law Society of Ontario Six Minute Labour Lawyer 2018 Conference

Overview The Law Society of Ontario Six Minute Labour Lawyer 2018 Conference comprises keen analysis on the most important provincial and federal arbitration, labour board, and court cases from crucial viewpoints: arbitrators, labour board adjudicators, union counsel, and management lawyers. They present valuable and topical commentary on a range of issues, from changes to labour legislation to new…

Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues

The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.