The Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice. The plaintiff was therefore owed reasonable notice. In Movati Athletic (Group)…
Practice Area: Litigation
Potential Liability for Sexual Harassment in the Workplace
This is a time of increased vigilance for inappropriate or unlawful conduct in the workplace, including with respect to sexual harassment and sexual assault. Who can be potentially liable in these situations? Learn more in this Raising the Bar.
The Right to Disconnect and More: Final Federal Post of 2018
In this smartphone and email-intensive world, should there be a “right to disconnect”? In our final Federal Post of 2018, George Vuicic looks at this question, which was discussed in the federal government’s recent report on modernizing federal labour standards. Find out what’s happening on the legislative front. Kim Pepper reviews new legislation requiring the…
Court Uses Expanded Fact-Finding Powers to Grant Summary Judgment in Departing Employee Case
The Ontario Superior Court of Justice recently considered the obligations of departing employees to their former employers with respect to fiduciary duty, confidential information and solicitation of former customers. In OIBC v. KO, Ms. Ko had worked with Overseas Insurance Brokers Corporation (OIBC or Plaintiff) for 23 years as an insurance broker. She gave her…
Appellate Court Considers “Appropriate Means” Test, Rejects Extension of Limitation Period
The Ontario Court of Appeal recently interpreted the “appropriate means” element of the test for discoverability under the Limitations Act, 2002 (s. 5(1)(a)(iv)) in Nasr Hospitality Services Inc. v Intact Insurance, a matter concerning a claim under a commercial insurance policy. In this case, the insured promptly reported to the insurer and made a claim…
Recent ESA Cases of Note
In a significant decision rendered on September 19, 2018, Wood v. CTS of Canada Co., the Ontario Court of Appeal considered the Form 1, which is required under the Employment Standards Act, 2000 (ESA) to be posted and filed in cases of mass termination.
Court of Appeal Upholds Cause Dismissal for Breach of Fiduciary Duty
In the case of Dunsmuir v. Royal Group, Inc., the Ontario Court of Appeal recently upheld the cause termination of a Senior Vice-President and Chief Financial Officer of a publicly-traded company for breach of fiduciary duty. The employee had commenced a claim against the employer for wrongful dismissal and sought approximately $6.6 million in damages….
Appellate Court Finds Employer a Derivative Federal Undertaking, Overturns OLRB Decision
A recent decision of the Ontario Divisional Court, Ramkey v. Labourers International Union of North America et al, has provided employers performing work in support of federally regulated undertakings welcome clarity with respect to their status. The Court found that an employer (Ramkey) which provided construction technicians to work on telecommunications networks owned by telecommunications…
Court Upholds ESA-Only Termination Clause Which Did Not Expressly Mention Benefits
The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…
FTR Quarterly – Issue 10
In This Issue: 5 Key Things for Employers to Consider in Drafting Termination Clauses in Employment Contracts, What Is – and What Isn’t – Constructive Dismissal: An Update, FTRQ&A with John Kloosterman: Key Differences Between Canadian and U.S. Employment Law and much more!