On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…
2021 is a big year for faculty bargaining in the University sector. To ensure you are ready, we have put together a webinar that flags the hot topics in the sector as you prepare to head to the bargaining table.
Small claims are becoming much less “small” with the recent increase in monetary jurisdiction to $35,000. This change will result in significant growth in the number of wrongful dismissal matters which now fit within the scope of this forum. As employment counsel, you will likely find yourself before Small Claims Court much more frequently in your practice. Ensure you are up to speed on best practices for representing your clients in Small Claims Court.
A lot can change in a week. With a view to containing the COVID-19 pandemic, there has been a flurry of announcements at the provincial and federal levels, including a Declared Emergency by the Ontario Government. From the mandatory closure of certain facilities, to the waiving of the waiting period for Employment Insurance (EI) sickness benefits for quarantined employees, closure of borders to non-essential travel, extension of the EI work-sharing program, and prohibited gatherings of over 50 people, new measures are being announced at a rapid pace.
Change is a constant in the human resources world, particularly for Ontario’s school boards. Ongoing developments in the law, whether through new legislation, arbitrations or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals, directors of education, supervisory officers and trustees.
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…
Understanding and navigating issues that arise upon the termination of an employment relationship is no simple matter – particularly with ongoing changes in employment standards legislation, complex human rights issues and advances in technology.
On behalf of universities, successfully defended wrongful dismissal and constructive dismissal claims by senior administration alleging harassment and systemic discrimination.
In this video, Frank Cesario discusses five of the key differentiating factors about Canadian litigation that U.S. organizations should be aware of including: damages, document production and discovery, costs, mandatory mediation and differences in court structure.
While Canada and the United States are alike in many respects, there are a few key differences in litigation law that U.S. organizations should be aware of if you are considering buying, selling or operating a business in Canada.