When employees are provided with company vehicles to take home at the end of the work day, does the employer have to pay for their commuting time directly to and from a job site?
Industry: Manufacturing
An Update on “Minimum Standards Only” Termination Clauses
The Ontario Superior Court has issued several decisions over the past few years which have found “minimum standards only” termination provisions in employment contracts to be unenforceable. Thus, employers are in the unexpected position of being liable for reasonable notice at common law…
New Definition of “Spouse” in Ontario to Affect Plan Administration, Insurance & Succession Rules
Pending legislative changes to the definition of “spouse” in Ontario are set to impact pension plan administration and insurance claims in Ontario, further to amendments recently enacted by Bill 28, All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016…
Ten Incident Response Tips – Part 2
In Part 1 of this two-part series on data security incident response, we identified five “norms” to guide your incident response process…
Appellate Court Clarifies Use of Subsequent Conduct Evidence in Resolving Ambiguous Contract
In an important decision regarding the law of contractual interpretation, Shewchuk v. Blackmont Capital Inc., the Ontario Court of Appeal considered when the subsequent conduct of parties can be considered in interpreting a contract made between those parties…
Ten Incident Response Tips – Part 1
Responding to a data security incident is as much art as science. Whatever size your organization and whatever risks you face, you should have a detailed incident response plan to guide the efforts of a defined incident response team…
Appellate Court Refuses to Extend Time for Filing of Leave to Appeal: Case Lacked Merit
In Reid v College of Chiropractors of Ontario, the Ontario Court of Appeal recently reviewed the test for extending time to file leave to appeal. The Court dismissed the motion for an extension of time on the basis that the proposed appeal lacked merit. The decision provides a helpful summary of the test for extending…
When are Commissions Required to be Paid?
Carefully drafted commission plans can limit an employer’s liability for commission payments to terminated or laid-off employees. Other than a regulation that prescribes set reconciliation periods and minimum wages for commissioned automobile salespeople (see section 28 of O. Reg. 285/01), the Employment Standards Act, 2000 (Act) says very little about commissions. The Act does treat…
WSIB Rate Framework Approved
On November 14, 2016, the Board of Directors of the Workplace Safety and Insurance Board (WSIB) approved its new Rate Framework which fundamentally changes the way the WSIB classifies Schedule 1 employers and sets their premium rates. The Rate Framework has a targeted implementation date of January 2019. On the same date, the Board of…
Don’t Rush to Summary Judgment!
The Court of Appeal has overturned a decision by a motion judge which allowed the plaintiffs’ wrongful dismissal actions to be decided by way of summary judgment motion. In Singh v. Concept Plastics Limited, the two plaintiffs were long-term former employees of Concept Plastics. Both brought motions to resolve their actions by way of summary…