Industry: Professional & Technical Services

$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts

· 4 min read

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…

Federal Government Publishes Draft Regulations Relating to Pay Transparency

· 1 min read

On August 10, 2019, the federal government released proposed amendments to the Employment Equity Regulations made under the federal Employment Equity Act (Act). The amendments are in support of an amendment to the Act made by Bill C-97, the Budget Implementation Act, 2019, No. 1 to include new pay transparency requirements. Once proclaimed into force,…

Family Status and Accommodation

· 1 min read

Family status is one of fastest growing areas of human rights law. Increasingly, adjudicators are focusing on whether employers have met their procedural obligations under the Human Rights Code. The following checklist will help you develop an effective internal process for assessing and responding to requests for accommodation on the basis of family status.

Appellate Court Considers Contractual Rights Upon Termination

· 2 min read

The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…

Diversity Disclosure Requirements under CBCA in force January 1, 2020

· 3 min read

As previously reported, Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act received Royal Assent on May 1, 2018 and will, among other things, impose new obligations on corporations incorporated under the Canada Business Corporations Act (CBCA) with the goal…

Gender Identity and Gender Expression

· 1 min read

Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.