On March 22, 2017, the federal government tabled its 2017 Budget, Building A Strong Middle Class (#Budget2017)…
Practice Area: Employment Law
Appellate Court Finds Termination Clause Unenforceable for Breach of ESA
The recent dismissal by the Supreme Court of Canada of an employee’s leave to appeal an appellate decision which upheld the enforceability of a minimum standards-only termination clause was good news for employers…
Is a Pier a Road for the Purpose of Overtime Pay Entitlement?
As any employer will know, the overtime rules in the Ontario Employment Standards Act, 2000 (ESA) contain a myriad of exclusions that are difficult to interpret at the best of times. However, emerging case law provides new guidance…
FTR Quarterly – Issue 4, Volume 1
This issue features articles on; Human Resources Trends and Issues to Watch in 2017, the Top 10 Developments in Human Resources Law in 2016 and the Featured Lawyer is Amy R. Tibble…
Ontario Establishes Shared Health Services Agency for LHINs
The Ontario government has filed a new regulation under the Local Health System Integration Act, 2006 (Act) to further support recent reforms to the province’s frontline healthcare service delivery model. Now in effect, O. Reg. 456/16 formally establishes the “Health Shared Services Ontario” Agency (Agency) pursuant to the regulatory powers set out in section 39…
OLRB Considers Employer’s Obligation to Pay for Commuting Time of Employee Using Company Vehicle
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?
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…
Ontario Launches Personal Emergency Leave Pilot Project
Ontario has introduced limited amendments to personal emergency leave for certain employers in the automobile sector. In comments to the Ontario Legislature, the Minister of Labour identified the changes as a pilot project suggesting that similar changes may be considered in the future for a wider range of employers…
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…
Changes Proposed to Ontario’s Fire Interest Arbitration Framework
At long last, Ontario is changing several rules governing collective bargaining in the fire sector. But will these changes go far enough to address and alleviate the frustrations municipalities face when they engage in interest arbitration? Find out in this FTR Now…