The Court of Appeal for Ontario has affirmed that if restrictive covenants are to be enforceable, they must be properly drafted. In Eagle Professional Resources Inc. v. MacMullin, the Court upheld the finding of a motion judge that “non-competition” clauses in the employment contracts of employees who left the plaintiff’s employ and joined a competitor…
Practice Area: Employment Law
2013 Federal Budget No. 2 (Bill C-4)
On October 22, 2013, the federal government introduced the Economic Action Plan 2013 Act, No. 2, omnibus legislation that would, if passed, implement measures from the Economic Action Plan 2013 (the 2013 Budget), as well as certain previously announced tax measures. Budget Bill items of interest to employers, human resources professionals and pension plan administrators…
Ontario Court of Appeal Decision Underscores Importance of Properly Drafted Restrictive Covenants
A recent decision of the Court of Appeal for Ontario reinforces the importance of carefully drafting restrictive covenants and considering what evidence is necessary to succeed on a summary judgment motion. The claim arose when individual employees left their employer to work for a competitor. The former employees were all subject to the same “non-competition”…
No Damages Awarded For Failure to Mitigate By Declining Job with Former Employer
In a recent decision of the Court of Appeal for Ontario, Chevalier v. Active Tire & Auto Centre Inc., the Court upheld a trial judge’s finding that an employee who refused an offer of re-employment with his former employer was not entitled to damages: there was no evidence that had he returned to that workplace,…
Court of Appeal Upholds Termination of Employee for Driving Company Vehicle While Intoxicated
In Dziecielski v. Lighting Dimensions, the Court of Appeal for Ontario recently upheld an employer’s decision to terminate a long-service employee with an otherwise clean disciplinary record for driving a company vehicle while intoxicated. While driving, the employee had been involved in a car accident and was criminally charged. The lower court had examined the…
Federal Government Announces Budget Bill No. 2
On October 22, 2013, the federal government announced the introduction of the Economic Action Plan 2013 Act, No. 2. The Bill would, if passed, implement key measures from Economic Action Plan 2013 (the Budget), as well as certain previously announced tax measures. Among other things, the Bill would: freeze Employment Insurance premium rates for three…
Ontario Introduces New Healthcare Legislation to Enhance Patient Care, Pharmacy Safety
On October 10, 2013, the Ontario government introduced Bill 117, Enhancing Patient Care and Pharmacy Safety (Statute Law Amendment) Act, 2013. If passed, this legislation would, among other things: amend the Drug and Pharmacies Regulation Act to allow premises associated with hospitals and health and custodial institutions to be considered “pharmacies” for the purposes of…
Nursing Act Amendment Comes into Force January, 2014
Effective January 1, 2014, section 4.5 of the Nursing Act, 1991 will come into force, adding “dispensing a drug” to the list of authorized acts a member, other than a member described in section 5.1 of the Act (“certain authorized nurses”), is conditionally authorized to perform in the course of engaging in the practice of…
Is Drinking and Driving Cause for Dismissal?
In some circumstances, yes. In the recent decision of Dziecielski v. Lighting Dimensions Inc., the employee drove a company vehicle while intoxicated. He was returning to the workplace from a customer visit and a lunch where he drank four beers, when he was involved in a car accident which destroyed the vehicle and left him…
Leaves to Help Families Act Passes Second Reading
On September 25, 2013, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013 passed Second Reading in the Ontario Legislature and was referred to the Standing Committee on General Government. As previously reported, if passed, Bill 21 would allow eligible employees to take the following job-protected unpaid leaves of absence: Family Caregiver Leave…