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  • Article

    All Notice and No Work Makes "Working Notice" Null and Void

    A recent decision of the Ontario Superior Court of Justice confirms that an employer cannot discharge its notice obligations if the employee is unable to actually work during the notice period.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Boucher V. Ontario (Superintendent Of Financial Services) – Confirmation Of Limits On Entitlement To Commuted Pension Value

    Boucher v. Ontario provides a helpful reminder and explanation of the limits placed by section 42 of the Pension Benefits Act on an employee's entitlements upon retirement and withdrawal from a pension plan.
    CanadaEmployment and HR
    McMillan LLP
McMillan LLP
  • Article

    Canadian Employment Claims: Global Employers Can Challenge Jurisdiction

    Many multinational employers blindly assume that they are required to defend a case wherever it is commenced, without considering the prospect of a jurisdictional challenge.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Character Of Employment Not Determinative Of Reasonable Notice

    very recent case from British Columbia provides notice to employers that they should not underestimate what a court may award as reasonable notice to a long-service employee simply because the employee held a modest, lower level type job.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Court Of Appeal Refuses To Recognize Freestanding "Tort Of Harassment"

    Ontario's Court of Appeal has issued a landmark decision in Merrifield v. Canada (Attorney General), emphatically rejecting the notion that "harassment" is a tenable cause of action and a freestanding tort.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Death To The Doctor's Note?

    Effective November 12, 2025, the Province of British Columbia has updated the rules under the Employment Standards Act and its regulation regarding short-term health-related...
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Dependent Or Independent? Some Contractors May Also Be Entitled To Reasonable Notice Or Pay In Lieu Of Notice

    Mr. Khan commenced legal proceedings, alleging that he was in fact an employee of Ace Courier, and accordingly was entitled to reasonable notice or pay in lieu of notice.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Employee Free Speech: Is It Muted By "Abusive Stardom"?

    Penned in the midst of England's Civil War, Milton's great pamphlet published 370 years ago remains seminal to recent events at the Canadian Broadcasting Corporation (CBC).
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Employee "Termination" Under Employment Statutes Will End Employment For All Purposes

    A recent decision from the Ontario Court of Appeal1, has confirmed that employees who are entitled to termination pay under the Ontario Employment Standards Act, 20002 (the "ESA"), will also be able to claim damages for wrongful dismissal under common law.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Employee Vs. Contractor: Court Willing To Declare Status In Sock War

    With the proliferation of contractors in the modern economy, the number of debates about employee status - is this an employee or a contractor? - continues to increase.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Employer's Disturbing Termination Conduct Results In $15,000 Moral Damages Award

    Yet another decision reminds employers about proper conduct when dismissing employees. In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, the court awarded $15,000 in moral damages...
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Employer Benefits Obligations: Read Documents Carefully

    A recent Ontario labour arbitration decision confirms the importance of having employment and benefits documents drafted with care.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Employers Beware: Even "Secret" Audio Recordings May Be Admissible

    A decision by an Ontario arbitrator provides a striking illustration of the principle of arbitral deference and is a cautionary tale about the potential use of audio recordings.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Even Transactional Employment Covenants Need Careful Review

    The continued scrutiny by Canadian courts of post-employment covenants is confirmed in a recent decision from the Ontario Court of Appeal.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Federal Employer's First Annual Harassment And Violence Occurrence Report

    On January 1, 2021, the Canada Labour Code (the "Code") was amended to include new Work Place Harassment and Violence Regulations (the "Regulations")
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Heads Up! More Changes To Ontario's Labour And Employment Laws Are Likely On Their Way

    More, and possibly quite substantive, changes to Ontario's labour and employment laws are on their way.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Labour Arbitrators Need Not Be "Correct" – Just Be "Reasonable"

    The courts have long struggled with the degree of deference which should be shown to labour relations arbitrators. As labour disputes become increasingly complex, it is more and more difficult to see anything like a "simple" case.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    New Accessibility Requirements Fast Approaching Under AODA

    Ontario employers take note: compliance deadlines for two significant requirements under the Accessibility for Ontarians with Disabilities Act (AODA) are just three months away.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    No Constructive Dismissal For Vaccination Refusal

    A recent Alberta decision affirms that an employer's reasonable vaccination policy will be upheld.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Off-Colour/Off-Duty – Termination Of Hydro One Employee Garners Media Attention

    The media has taken a keen interest in a recent story about Shauna Hunt, the CityNews reporter who recently confronted a group of men outside a Toronto FC game.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Showing 661–680 of 3558 results

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