ArticleBonus Claims: Past Practice Gets A BoostCraig Cunningham was an accomplished senior executive who was dismissed without cause after eight years service. CanadaEmployment and HRMcMillan LLP
ArticleCanadian Unionization Rates Continuing To FallThe reshaping of Canada's workforce and the related drop in union density in the private sector is confirmed by numbers recently released by Statistics Canada. CanadaEmployment and HRMcMillan LLP
Article"Don't Worry, We All Know What That Clause Means" – Court Reaffirms The Importance Of Carefully Drafting Fixed-Term Employment AgreementsThe Ontario Superior Court recently pronounced itself on this issue in Norgren v. Plasma Power LLC.CanadaEmployment and HRMcMillan LLP
ArticleEmployment Contracts: Choice Of Law Not Same As Imposing JurisdictionMany employers and dismissed employees incorrectly assume that the law stipulated in a contract determines where legal proceedings can be commenced.CanadaEmployment and HRMcMillan LLP
ArticleForfeiture Provisions In Compensation Plans Not Restraints Of Trade: Employers Can Refuse Payment To Departed EmployeesExecutive compensation plans are often designed to both reward past performance and offer a meaningful retention incentive. CanadaEmployment and HRMcMillan LLP
ArticleHarassment In The Workplace: Limitations On An Employer’s ResponsibilitiesThe recent introduction of requirements for policies and procedures relating to harassment and workplace violence in Ontario’s Occupational Health and Safety Act ("OHSA") has increased the regulatory workload on employers. CanadaEmployment and HRMcMillan LLP
ArticleNew Ontario Workplace Legislation To Impact Use Of Contract And Temporary WorkersThe Final Report from Ontario's much-publicized Changing Workplaces Review recently proposed a wide range of changes to the province's Employment Standards Act, 2000 and the Labour Relations Act, 1995.CanadaEmployment and HRMcMillan LLP
ArticleOntario Court Of Appeal Confirms The Importance Of An Enforceable Termination ClauseIn Bertsch v. Datastealth Inc., the Ontario Court of Appeal confirmed that a properly drafted termination clause will be enforced.CanadaEmployment and HRMcMillan LLP
ArticleOntario Government Announces Workplace Reform LegislationIn a recent article, Changing Workplaces Review Recommends Significant Changes to Ontario's Labour and Employment Laws, we provided readers with a summary of the most notable proposed changes to Ontario's Employment Standards Act, 2000 and the Labour Relations Act, 1995, CanadaEmployment and HRMcMillan LLP
ArticleOvertime Class Actions – Leave To Appeal DeniedIn June 2012, the Ontario Court of Appeal released two decisions allowing class action lawsuits to proceed against major Canadian banks.CanadaEmployment and HRMcMillan LLP
ArticleProposed Changes To Employment In Ontario: Working For Workers Five Act, 2024On May 6, 2024, the Ontario government introduced Bill 190, the Working for Workers Five Act, 2024 ("Bill 190"), which is the fifth Bill in a series of legislative changes...CanadaEmployment and HRMcMillan LLP
ArticleThe Price To Entice: Three-Year Employee Awarded 14 Months Of NoticeWhile there is some element of courtship at the beginning of every employment relationship, the Ontario Superior Court of Justice (the "Court") in Rodgers v CEVA Freight Canada Corp. provides a caution for employers who entice away employees from secure employment.CanadaEmployment and HRMcMillan LLP
Article"Treat Your Workers As You Would Like A Court To Treat Them": Connor Homes And The "New" Golden Rule Of Employer-Worker RelationsChoosing whether to have your workers be employees or independent contractors is best done on a case-by-case basis.CanadaEmployment and HRMcMillan LLP
ArticleWho Says An Offer Of Employment Can't Be Fair Consideration? The Ontario Court Of Appeal Weighs In On Asset Purchase Transactions And Employment ContractsIn asset purchase transactions, it is not uncommon for new employment offers to be made to the vendor's employees. CanadaEmployment and HRMcMillan LLP
ArticleFor The Times They Are A-Changin: Canadian Regulators Adopt Fundamental Changes to the Take-over Bid RegimeThe Canadian Securities Administrators (CSA) have adopted amendments to Canada's take-over bid regime which will take effect on May 9, 2016.CanadaFinance and BankingMcMillan LLP
ArticleManaging Culture And Behaviour Risks: OSFI's New Draft Guideline For Financial InstitutionsOn February 28, 2023, the Office of the Superintendent of Financial Institutions ("OSFI") released a draft Culture and Behaviour Risk Guideline (the "Guideline").CanadaFinance and BankingMcMillan LLP
ArticleOntario Tables New Legislation Confirming Limited Liability of Unitholders of Publicly Traded TrustsOn May 22, 2003, the Trust Beneficiaries' Liability Act, part of Bill 41 (The Right Choices Act (Budget Measures)), was introduced in the Ontario Legislature and given first readingCanadaFinance and BankingMcMillan LLP
ArticleOSC Seeks Extension Of Relief For Well-known Seasoned IssuersOn May 18, 2023, the Ontario Securities Commission (the "OSC") announced local OSC Rule 44-502 Extension to Ontario Instrument 44-501 Certain Prospectus Requirements for Well-known Seasoned...CanadaFinance and BankingMcMillan LLP
ArticleOSFI Adds The Earthquake Exposure Data Return To Its Late And Erroneous Filing Penalty FrameworkOSFI requires federally regulated financial institutions, including Property and Casualty companies and branches operating in Canada, to file financial and corporate information to ensure compliance with their regulatory obligations.CanadaFinance and BankingMcMillan LLP
ArticleQuebec Simplifies Grants Of Security In Favour Of The Agent For A Syndicate Of LendersWith the passing last week of An Act mainly to implement certain provisions of the Budget Speech of 4 June 2014 and return to a balance budget in 2015-2016 (the "Act"), which received assent on April 21, 2015.CanadaFinance and BankingMcMillan LLP