ArticleOntario Government Expands List Of Non-Essential WorkplacesPremier Doug Ford announced yesterday that the government is updating its emergency order to expand the list of non-essential workplaces.CanadaCoronavirus (COVID-19)Stringer LLP
ArticleAmbiguity Killed The Termination ClauseThe Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity.CanadaEmployment and HRStringer LLP
ArticleCourt Confirms Signaling Does Not Have To Be A Worker's Only JobA critical element of the health and safety regime in any workplace that employs heavy machinery is the presence of signalers. Mandated by regulation, the employment of effective signalers...CanadaEmployment and HRStringer LLP
ArticleNo "Passing The Torch": Only Unions And Employers (Not Grievors) May Bring Judicial Review ApplicationsGrievance arbitration is intended to be an efficient and cost-effective means to resolve workplace disputes without resort to costly litigation in the courts. When an arbitrator issues an awardCanadaEmployment and HRStringer LLP
ArticleShifting Sands: Ontario Court Of Appeal Upholds Termination ClauseEmployers, ever-weary of the next judicial pronouncement on the enforceability of specific termination clauses in employment contracts, may mark a recent decision by Ontario's top court...CanadaEmployment and HRStringer LLP
ArticleThink You Suffered Family Status Discrimination? First Things First – Were You Employed In Ontario Or B.C.?The law governing family status discrimination under human rights legislation is unsettled and varies from jurisdiction to jurisdiction.CanadaEmployment and HRStringer LLP
ArticleTeacher Found Not Guilty For Student Drowning: What Does This Say About The Burden Of Proof In OHS Criminal Cases?On one unfortunate day in July 2017, a 15-year-old boy drowned while swimming in a lake on a school wilderness canoe trip. The teacher supervising the group of students that was swimming, Mr. Nicholas Mills, was charged with criminal negligence causing death.CanadaLitigation, Mediation & ArbitrationStringer LLP
ArticleStore Closing Is Not "Business As Usual"Employers often remark, with varying degrees of intention, that they would rather close up shop than manage a unionized business.CanadaEmployment and HRStringer LLP
ArticleUnionizing Foodora - Strident Labour Laws Into The Gig Economy?The Ontario Labour Relations Board (the "Board") issued a decision yesterday which sent shockwaves through the Gig Economy. CanadaEmployment and HRStringer LLP
ArticleA Wrongful Dismissal Time Warp – When Is Two Years Really Six?Perhaps, when an ex-employee takes six years to "discover" that they were wrongfully dismissed.CanadaEmployment and HRStringer LLP
Article"Court Comments On When Employers Can Ask For An Independent Medical Examination" Is Locked Court Comments On When Employers Can Ask For An Independent Medical ExaminationOntario's Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination ("IME") in certain circumstances...CanadaEmployment and HRStringer LLP
ArticleShift-Shopping Endorsement Upheld By Alberta CourtThe Alberta Court of Queen’s bench recently reviewed the arbitrator’s decision in SMS Equipment.CanadaEmployment and HRStringer LLP
ArticleWhen Is A Whistleblower Not A Whistleblower?The internal responsibility system is an essential part of an organization’s due diligence program.CanadaEmployment and HRStringer LLP
ArticleHindsight Is 20/20 – Employer Obligations Under The Workplace Violence Provisions Of The Occupational Health And Safety ActEmployers across the province are likely aware that they have a duty to take certain steps to protect their employees from violence in the workplace.CanadaEmployment and HRStringer LLP
ArticleGoing Global: Ontario Superior Court Grants Severance Pay Based On Non-Ontario PayrollA recent decision from the Ontario Superior Court of Justice indicates that more employers could be subject to liability for severance pay.CanadaEmployment and HRStringer LLP
ArticleNever Too Late: Court Rejects Employee's Attempt To Avoid Liability For TheftWhat options are available to an employer who, after signing a mutual release releasing an employee from liability, finds out that the employee embezzled a large amount of money?CanadaEmployment and HRStringer LLP
ArticleOntario Court Continues Trend Of Large Punitive Damages AwardsSince 2008, Courts have wrestled with wrongful dismissal claims in which employees make claims of entitlements to damages beyond reasonable notice.CanadaEmployment and HRStringer LLP
ArticleOntario Legislature Passes Job Protection Legislation For Workers Due To COVID-19The Ontario Legislature has passed the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 in an emergency sitting on March 19, 2020. CanadaEmployment and HRStringer LLP
ArticleUnsafe On The Roads, Unsafe In The Warehouse: Workers Convicted Of "Distracted" OperationA recent case from the Ontario Court of Justice suggests that workplace policies can be a significant component in determining what constitutes unsafe conduct under the Occupational Health and Safety Act.CanadaEmployment and HRStringer LLP
ArticleTerra Firma No More: Supreme Court Changes The Ground Rules On ContractsThe recent Supreme Court decision in Sattva Capital Corp v Creston Moly Corp signifies a major shift in the judicial approach to contract interpretation.CanadaCorporate/Commercial LawStringer LLP