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  • Article

    Desperately Seeking Proxy: Court Of Appeal Decision Makes Pay Equity Maintenance And Catch-Up A Looming Issue

    Ontario's Pay Equity Act aims to remedy systemic gender discrimination in terms of pay in predominantly female occupations.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    The Production And Sale Of Edible Cannabis Legalized As Of October 17, 2019

    As of October 17, 2019, the production and sale of edible cannabis, cannabis extracts and cannabis topicals became legal.
    CanadaFood, Drugs, Healthcare, Life Sciences
    CCPartners
    CCPartners
  • Article

    "I Shouldn't Be Telling You This, But…" – BC Judge Finds That Breaches Of Confidentiality Can Give Rise To Just Cause Dismissal

    In a recent decision, the British Colombia Supreme Court upheld the dismissal of a long-service employee following a series of confidentiality breaches.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Premature Ending Not A Happy One For Employer: Early Termination Of A Fixed-Term Contract Leads To Significant Damage Award

    We have written before on the perils of (mis)using defined-term contracts. The issue we encounter in our practice most frequently is the repeated use of defined-term contracts.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Bad Workplace Investigation Leads To Potential Bad Faith Lawsuit

    In 2014 the Supreme Court of Canada recognized a legal obligation to perform contracts in good faith. In 2016, that principle is being applied in an ongoing Ontario Court action.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    BC Employee Learns The Hard Way There Is No Free Lunch: Court Upholds General Manager Dismissal For Falsified Restaurant Expense Claims

    Although perhaps counterintuitive to most people, it is an established point of Canadian employment law that employee dishonesty does not necessarily justify cause for dismissal.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    "Lynch v. Avaya: A Notice-Able Change In Wrongful Dismissal Precedent?"

    In the ever-evolving landscape of employment law, the recent decision of the Ontario Court of Appeal in the case of Lynch v. Avaya Canada Corporation...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario Court Upholds Termination Provision – Confirms Favourable Shift In Employment Agreement Interpretation For Employers

    As we all know, there have been a number of court decisions in recent years which have found termination provisions in employment agreements to be unenforceable because those provisions failed...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Spring Cleaning: Now Is The Time To Tidy Up Your Contracts And Polcies

    The warm weather is here and spring cleaning has begun. While most people think of dusting shelves, removing clutter and vacuuming the rug, we here at CCP are focused on tidying ...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    2020 In Review: A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

    It may be modest to say that 2020 was an eventful year for employers with significant changes to workplace legislation both provincially and federally, and numerous noteworthy decisions.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Let's Make A Deal…Unless The Law Won't Allow It! Ontario Court Of Appeal Reiterates That Employers Cannot Contract Out Of The Employment Standards Act

    Practice Areas: Employment-Related Contract Drafting , Employment Litigation
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    A Costly Lesson: Human Rights Tribunal Issues Large Damages Award Against Employer In Breach Of Human Rights Code

    In Matheus v McCann, the Human Rights Tribunal of Ontario heard an application alleging discrimination in employment on the bases of race, ancestry, place...
    CanadaGovernment, Public Sector
    CCPartners
    CCPartners
  • Article

    Time For A Change In Your Employment Contracts? What We Can Learn From The Ontario Court Of Appeal's Recent Decision On The "Changed Substratum" Doctrine

    Even when a case is generally not favourable to employers, it can serve as an important reminder to companies to review and update their employment agreements.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Court Throws Out Challenge To Government Of Saskatchewan Vaccination Policy

    To date, and as illustrated by a recent decision of the Court of Queen's Bench in Saskatchewan, these arguments have been rejected.
    CanadaCoronavirus (COVID-19)
    CCPartners
    CCPartners
  • Article

    Don’t Get Left Behind – New Leave Provisions Of ESA Will Require Policy Updates

    As you read about here, on April 29, 2014 Ontario’s provincial legislature voted in favour of proposed amendments to the Employment Standards Act, 2000.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Federal Court Of Appeal Confirms Employer Obligation To Accommodate Childcare Needs

    The notion that an employer could or should be responsible for ensuring that parents can access childcare is likely a daunting proposition for many companies. Yet, a recent Federal Court of Appeal ruling, Canada (Attorney General) v. Johnstone 2014 FCA 110, suggests that in certain circumstances employers will be faced with the responsibility of helping employees access childcare, at least up to the point where it would constitute an undue hardship to the employer.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Feeling Claustrophobic? Court Of Appeal Adds To Employer Anxiety Around Termination Clauses

    If you are reading this blog, you are probably well aware of the perils of failing to include an appropriate "without cause" termination provision in an employment contract...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    No Bonus for You! Judge Enforces Clear Language Disentitling Terminated Employee from Bonus Payout

    In a case argued by Susan Crawford of CCPartners, Judge S.A.Q. Akhtar upheld the contractual provisions of an employment agreement that prohibited an employee from being entitled to bonus if not employed on the date of bonus payout.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    No "Double Dipping" Where Trial Judge Awarded Moral Damages For Bad Faith Dismissal And Damages Based On Sexual Harassment

    In Doyle v. Zochem the Ontario Court of Appeal upheld a $60,000.00 award for moral damages to an employee who was dismissed in bad faith. In addition, the employee was awarded ten (10) months' salary..
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario Court Upholds Dismissal Where Employee Refused To Comply With Third Party Vaccine Mandate

    We have been blogging a lot about how COVID-19 vaccine mandates have impacted workplace law, and now we can add one more context to our catalogue.
    CanadaEmployment and HR
    CCPartners
    CCPartners

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