In a recent decision regarding the enforceability of a restrictive covenant, Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal upheld the decision of a motion judge that the restrictive covenant at issue constituted an unenforceable non-compete clause…
Publication Type: Blog Post
Minimum Wage to Increase on October 1, 2016
As previously reported, on October 1, 2016, the general minimum wage in Ontario will increase from $11.25 to $11.40 an hour. This minimum wage applies to most employees…
ESA Blitz This Fall to Target Repeat Violators
The Ministry of Labour has announced that from September 1, 2016 to October 31, 2016, employment standards officers will conduct blitzes targeting employers who have a history of non-compliance with the Employment Standards Act, 2000 (ESA). The blitz will primarily target sectors where there is a level of precarious employment, including personal care and professional…
Reminder: New Employer Workplace Harassment Obligations Now in Force
Effective today, significant reforms to the Occupational Health and Safety Act (OHSA) are coming into force which place additional duties on employers with respect to the prevention of workplace harassment. As previously reported, these changes were outlined in Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016…
Ontario Consults on (Revised) Proposed Amendments to Advisory Committee Regulations
The Ontario government is consulting on a revised proposal for amending the Pension Benefits Act(PBA) regulations with respect to Pension Advisory Committees (PACs). The consultation is open only until September 12, 2016…
Federal Privacy Commissioner Uses Ashley Madison Incident to Promote Good Information Governance
Organizations subject to Canadian privacy law should be aware that the Office of the Privacy Commissioner of Canada (together with the Australian Information Commissioner) recently issued a report on the 2015 breach of the Ashley Madison website – a breach that affected nearly 35 million individuals who had used the online dating site for adults…
Employer Workplace Harassment Obligations Coming Into Force September 8, 2016
On September 8, 2016, changes to the Occupational Health and Safety Act are coming into force which place additional duties on employers with respect to the prevention of workplace harassment. As previously reported, these changes have been brought about by Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence…
Expelling a Partner: An Expensive Cautionary Tale for Partnerships
In a cautionary tale for partnerships large and small, the Ontario Superior Court has found that BDO Canada LLP (BDO) breached the terms of its Partnership Agreement (Agreement) and its fiduciary duty when it required Tim Ludwig (Ludwig) to retire from the partnership. Damages in excess of $1.3 million were awarded. In Tim Ludwig PC…
Ontario, Federal Governments Launch Gender Inclusivity Initiatives
On June 29, 2016, the Ontario government announced significant new initiatives intended to promote inclusivity and ensure equitable treatment of trans and non-binary gendered persons…
Employer’s Egregious Mistreatment of Disabled Employee Leads to Increase in Damages Award
In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…