On April 27, 2017, the Ontario government tabled its 2017 Budget “A Stronger, Healthier Ontario.” We are in the process of reviewing the Budget, and an FTR Now highlighting measures of interest to employers, human resources professionals and pension plan administrators will be available on our website in the coming days. Editor’s Note: Bill 127, Stronger,…
Practice Area: Employment Law
The Truth Hurts: Employer Not Liable In Defamation For Bad Reference Because It Was True
The Ontario Superior Court has affirmed that employers are not liable for defamation when they provide candid and truthful references about former employees. In Papp v Stokes et al, 2017 ONSC 2357, the plaintiff, Adam Papp, worked as an economist for Stokes Economic Consulting for 2.5 years when his employment was terminated without cause in…
Expulsion of Partners: Ontario Court of Appeal Confirms Good Faith Requirement
In Tim Ludwig Professional Corporation v. BDO Canada LLP, the Ontario Court of Appeal recently upheld a lower court decision which awarded an expelled partner in excess of $1.3 million in damages for lost profits and benefits, and aggravated damages (see our Case in Point, Expelling a Partner: An Expensive Cautionary Tale for Partnerships). In…
Fixed-Term Contract Termination Provision Violates ESA, Says Appeal Court
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…
Leaves of Absence, Procedural Matters and More
In this latest edition of our School Board Update, we are bringing you summaries of three recent cases which will be of interest. They deal with abuse of process at arbitration, entitlement of part-time and custodial employees to miscellaneous leaves, and the balancing of religious freedom with other statutory requirements…
Reaching Out – Thirteenth Edition
With the first official day of spring behind us, we are pleased to provide our Spring 2017 edition of Reaching Out. Chuck Hofley and Siobhan O’Brien, both from our Ottawa office, have set out some useful tips for those of you about to enter into collective bargaining…
2017 Federal Budget Released
On March 22, 2017, the federal government tabled its 2017 Budget, Building A Strong Middle Class (#Budget2017)…
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…