In Yolande Linton v. Mohawk College of Applied Arts and Technology, the Ontario Labour Relations Board (Board) upheld and enforced a settlement between the parties, dismissing the Applicant’s unlawful reprisal claim under section 50 of the Occupational Health and Safety Act. For employers, this decision reinforces that clearly communicated and accepted settlement terms can be…
Publication Name: Case In Point
Ontario Court of Appeal Confirms No Charter Right to Deceptive Workplace Access
In Animal Justice v. Ontario (Attorney General), 2026 ONCA 380, the Court of Appeal for Ontario unanimously reversed the lower court and upheld the constitutionality of the Security from Trespass and Protecting Food Safety Act, 2020 (Act) and its regulation, General, O. Reg. 701/20 (Regulation).
Past Conduct, Present Cause: Ontario Court Upholds After-Acquired Cause in Birnbaum v. Dr. Chan
What happens when an employer discovers serious misconduct only after terminating an employee without cause? In Birnbaum v. Dr. Chan, the Ontario Superior Court confirmed that employees are not insulated from the consequences of serious misconduct committed before termination simply because it was discovered afterwards.
Alberta Court Finds Executive’s Misrepresentation of Academic Qualifications Justifies Dismissal With Cause
In Tudor v Accurate Screen Ltd., 2026 ABKB 237, the Alberta Court of King’s Bench upheld a just cause dismissal where a VP falsified his academic credentials on his résumé.
A Deal Is a Deal: Lessons From Stribling v Starbucks Coffee Canada Inc.
In Stribling v Starbucks Coffee Canada Inc., the Ontario Superior Court addressed a scenario in which an employer made a separation offer that was accepted in writing by the employee. However, the employee did not sign the release that was delivered to him by the employer and then sued for wrongful dismissal. The court treated…
Lessons In Employer Copyright Ownership From Nexus Solutions Inc. v. Krougly
Nassima Kaddoura outlines a recent Ontario Court of Appeal decision is a reminder that employers can’t assume they own employee created work — even if it competes with their business. Read the case in point and learn the key takeaways for employers.
Criminal Negligence Convictions Following Workplace Fatality Send Clear Message to Employers
R. v. J. Cote and Son Excavating Ltd., 2025 BCSC 2540, a recent decision of the British Columbia Supreme Court, serves as a stark reminder that workplace safety failures can give rise to criminal liability for employers. In this decision, an employer was found guilty of criminal negligence causing death and criminal negligence causing bodily…
BCCA Upholds Mandatory COVID-19 Vaccination Policy Where Employer Relied on Provincial Health Officer’s Opinion
A recent ruling offers new guidance to the reasonableness of mandatory workplace policies. In this article, Andrew Schjerning breaks down a recent British Columbia Court of Appeal decision confirming that employers may reasonably rely on public health authority guidance when implementing mandatory COVID‑19 vaccination policies.
Arbitrator Reinstates Steelworker in Safety Sensitive Role Following Termination for Cannabis Use During Lunch Break
When does lunch break cannabis use justify termination—especially in a safety sensitive role? In this article, Matthew Wronko provides an analysis of a recent arbitration award and what this means for employers drafting drug and alcohol and fitness for duty policies
Divisional Court Reinforces Tradition of Judicial Deference to Ontario’s Labour Relations Board
Judicial deference to the OLRB remains firmly intact, especially in construction labour relations. In this article, Thomas Trudell reviews a recent Divisional Court decision affirming the OLRB’s authority in construction work assignment disputes and its long‑standing approach to jurisdictional issues.