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As Ontario's "non-essential" businesses slowly re-open and expand their services with physical distancing safety measures in place, employers are still not in a position to return to "business as usual."

As part of severance agreements and/or wrongful dismissal settlements, employers frequently include mitigation and clawback provisions to prevent former employees from receiving double compensation following reemployment.

In a recent wrongful dismissal case, the Ontario Superior Court of Justice held that a potential violation of the Ontario Employment Standards Act, 2000 (the "ESA"), no matter how remote...

In a recent decision, the Ontario Superior Court ("ONSC") upheld the "for cause" termination of a fiduciary employee with no prior disciplinary record and 17 years of service...

The Alberta Court of Appeal (ABCA) recently addressed an increasingly common question—whether financial support provided under the Canadian Emergency Response Benefit (CERB) program to workers directly affected by COVID-19 should be factored into wrongful dismissal damages awards.

In Oostlander v Cervus Equipment Corporation, 2023 ABCA 13 the Alberta Court of Appeal ("ABCA") confirmed that payments received under the Canada Emergency Response Benefit program ("CERB") ...

On November 9, 2020, Brown J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Kearns v Canadian Tire Corporation Limited...

In Dufault v The Corporation of the Township of Ignance, 2024, ONSC 1029, the court found that the plaintiff was wrongfully dismissed from her employment because a provision contained...

The recent decision of the Alberta Court of Queen's Bench, Wisser v CEM International Management Consultants Ltd., 2022 ABQB 414, determined that the oppression remedy under the Alberta Business Corporations Act ("ABCA").

There is an emerging trend of employees surreptitiously recording and posting their termination meeting on social media.

Some good news came out of British Columbia for employers last week. Specifically, the British Columbia Superior Court (the Court) found that Canada Emergency Response Benefit (CERB)...

The British Columbia Court of Appeal (the Court) released its decision in Giza v. Sechelt School Bus Service Ltd. on January 13, 2012.

The recent decision of the BC Civil Resolution Tribunal (the "Tribunal") in Ms. Besse v. Reach CPA Inc., 2023 BCCRT 27, provides a cautionary tale for employees, including those working remotely.

Employers are sometimes surprised to learn that they do not necessarily have just cause to terminate a dishonest employee.

As provinces continue through their respective reopening plans, employers are beginning to recall their employees back to work. Given the number of operational...

The employee began working at Kitsumkalum First Nation (Employer) in 2005 as a teacher and was promoted to principal in 2017.

To date, few decisions in Canada have considered whether the amount of the Canadian Emergency Response Benefit (CERB) employees receive after their job termination should be deducted from their damages in lieu ...