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In a recent decision, Machado v. The Catalyst Capital Group Inc., the Ontario Superior Court considered whether Ontario is the more appropriate forum for a wrongful dismissal action between a New York-based employer and an employee who was employed in New York at the time his employment was terminated.

Importantly, the employer did not file a Response to the employee's OLRB Application, meaning that the OLRB's decision was of a "default nature".

An increasingly common theme in wrongful dismissal actions are employee claims that an employer's allegedly heavy-handed and insensitive management constitutes a constructive dismissal.

n Krmpotic v. Thunder Bay Electronics Limited,[1] (Krmpotic) the Ontario Court of Appeal recently elaborated on the longstanding theory that employers owe a duty of honest performance upon termination...

In a recent ruling, the Court of Appeal for Ontario set aside a lower court decision that reduced a dismissed employee's reasonable notice period on the grounds of poor mitigation efforts.

In Battiston v Microsoft Canada Inc.,[1] the Ontario Court of Appeal enforced a stock option agreement that limited an employee's entitlement to non-vested stock options upon termination.

In Stewart v. Elk Valley Coal Corp., the Supreme Court of Canada upheld a decision of the Alberta Human Rights Tribunal which found that the termination of an employee in a safety-sensitive environment who tested positive for cocaine ...

Terminating an employee for expressing his political opinions at work can be costly for an employer.

In a recent decision, Yates v Langley Motor Sport Centre Ltd. 2022 BCCA 398, the BC Court of Appeal provided clarity and guidance on the rules regarding the deductibility of employee benefits...

On March 20, 2020, pursuant to the Ontario Emergency Management and Civil Protection Act, the provincial government suspended statutory limitation periods and procedural guidelines during the COVID-19 pandemic.

As a result, independent contractors are not afforded employment law protections.

Several of our publications this year have outlined several court's consideration of "family status" under human rights legislation regarding an employer's obligation to accommodate an employee with respect to childcare duties.

In the recent decision of Transport Guy Bourassa inc. c. Meloche, the Court of Quebec accepted that an employer transform an employee's termination into a dismissal for cause after discovering a new fact.

Workers' Compensation is a government-run, mandatory no-fault insurance program that provides compensation to injured workers without regard to fault or the employer's ability to pay.

In Clark v Bow Valley College, (2014 AHRC 4), Ms. Leah Clark filed a human rights complaint on April 11, 2011 against her employer, Bow Valley College, (the "College"), that was heard by the Alberta Human Rights Tribunal.

This one is right up there with "two weeks' notice" and "three strikes you're out".

The law relating to drug and alcohol testing and the application of human rights legislation to recreational drug users continues to develop in Canada. Two cases involving failed pre-employment drug tests by admitted users of marijuana, one from Alberta and one from Ontario, are reviewed below.