Court Finds Employer Took Appropriate Steps to Change Terms of Employment – No Constructive Dismissal

In Lancia v. Park Dentistry, the Ontario Superior Court found that an employer who wished to change the terms of employment did not constructively dismiss a long-term employee because she was provided with 18 months’ working notice as well as a new contract with a signing bonus. The plaintiff worked as dental hygienist for the…

Appellate Court Finds Employee Entitled to Bonus Which Vested after the End of the Notice Period

In Bain v. UBS Securities Canada Inc., the Ontario Court of Appeal upheld a lower court decision which awarded an employee who was dismissed without cause in February 2013 his bonus entitlements for 2012 and the first three months of 2013, as well as for the 18-month notice period. David Bain worked for UBS as…

Ontario Court Finds Investment Firm Liable for Defamation in a Notice Of Termination Filed with IIROC and Orders Correction

The Ontario Superior Court has found that an investment firm defamed one of its former traders when it filed a Notice of Termination (NOT) with the securities regulator indicating the trader’s employment had been terminated for failing to follow trading policies and engaging in unauthorized trading. The Court concluded that there was no cause for…

2016 Waterloo Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

2016 London Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

2016 Kingston Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

2016 Ottawa Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

2016 Toronto Client Conference

Change is a constant in the human resources world: ongoing developments in the law, whether through new legislation or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals.

Court of Appeal Rejects Use of “Snapshot” Approach to Determine Exclusivity in Contractor Relationships

Employment relationships generally fall into one of three categories: employee, dependent contractor or independent contractor. Exclusivity is often a key consideration when determining what category applies. Recently, the Court of Appeal for Ontario considered the degree of exclusivity required in a dependent contractor relationship in Keenan v. Canac Kitchens Ltd. In Keenan, the plaintiffs had…