On January 14, 2021, the Supreme Court of Canada denied the employer’s leave to appeal application from the decision of the Ontario Court of Appeal in Waksdale v Swegon North America. That decision held that termination clauses in employment contracts must be read together and if one contravenes the Employment Standards Act, 2000 (ESA), all…
Insights
Federal Post
New pay transparency requirements under the federal Employment Equity Act (Act) have been proclaimed into force effective January 1, 2021, together with supporting amendments made to the Employment Equity Regulations (Amended Regulations). These changes will affect all federally regulated private sector employers who employ 100 or more employees. The Legislative Changes to the Act Federally…
FTR Quarterly
FTR Quarterly – Issue 13
· 7 min readIn This Issue: The Gig Economy, AI In the Workforce and more!
Case In Point
In its recent decision Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court…
Case In Point
In its recent decision in Koutros v Persico USA Inc., the Ontario Superior Court of Justice set aside the service of a Statement of Claim and stayed an action on the basis that Michigan (not Ontario) was the appropriate jurisdiction in which to dispute the termination of an employment contract. The plaintiff lived near Windsor…
Case In Point
The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts. By way of background, we recently reported on the February 2017 decision of the Court of Appeal in Wood v Fred Deeley Imports Ltd. In that case, the Court reversed a motion judge’s conclusion that a termination…
Reaching Out
Reaching Out – Twelfth Edition
· 19 min readEven though the weather has been spring-like, we are pleased to provide our Fall 2016 edition of Reaching Out…
FTR Now
In a recent decision, the majority of a Workplace Safety and Insurance Tribunal (Tribunal) Panel ruled that the WSIB’s Fatal…
FTR Now
An Update on WSIB Rate Framework Reform
· 4 min readIn March, 2015, the Workplace Safety and Insurance Board (“WSIB”) proposed a new Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Nows of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited” and August 21, 2015 “An…
Reaching Out
Reaching Out – Ninth Edition
· 21 min readDear Friends, It has been an eventful few months since our Spring Edition of Reaching Out. With the playoff run by the Blue Jays and the federal election behind us, we are pleased to provide the Fall Edition of Reaching Out. Allison E. MacIsaac reviews current challenges related to gender identity and gender expression in the…
FTR Now
An Update on WSIB Rate Framework Reform
· 5 min readIn March 2015, the Workplace Safety and Insurance Board (“WSIB”) released a preliminary Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Now of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited”). At the same time,…