ArticleIs The Sky Falling? Family Status Discrimination And Shift ShoppingIn most jurisdictions in Canada, human rights legislation prohibits discrimination on the basis of "family status." CanadaEmployment and HRStringer LLP
Article2014 In Review: Developments In Canadian Labour And Employment LawIn 2014 we saw some significant changes to Canadian labour and employment law. CanadaEmployment and HRStringer LLP
Article"Creative Sentencing" For Corporations Convicted Of OH&S Offences Arrives In OntarioAn Ontario Court may have altered the legal landscape with respect to sentencing corporations convicted of offences under the Occupational Health and Safety Act (the "OHSA"). CanadaEmployment and HRStringer LLP
ArticleHave We Reached A Tipping Point?The process is heavily reliant on both the union and the employer fully participating and disclosing their knowledge of the workers and worksites at issue. CanadaEmployment and HRStringer LLP
ArticleLunchbag Letdown: ONCA Does Not Fully Address DufaultEmployment lawyers and observers have been eagerly anticipating the release of the Ontario Court of Appeal's decision in Dufault v. The Corporation of the Township of Ignace ("Dufault")...CanadaEmployment and HRStringer LLP
ArticleSuperior Court Applies The "Johnstone Test" For Family Status Discrimination In Wrongful Dismissal ActionWe have written before on the decision of the Federal Court of Appeal in Johnstone v Canada (Border Services), which helpfully crafted a clear and balanced test for family status discrimination in the context of childcare.CanadaEmployment and HRStringer LLP
ArticleConstructively Dismissed Employee Entitled To Bonus Despite Plan Language?There have been a number of cases in recent years considering whether dismissed employees are entitled to awards of bonuses as part of damages for wrongful dismissal.CanadaEmployment and HRStringer LLP
ArticleNew COVID-19 Regulation Gives Temporary Relief From Constructive Dismissal Under The ESAThe Ontario government introduced a new regulation on May 29, 2020 under the Employment Standards Act, 2000 (the "ESA" or the "Act") that changes how the layoff and constructive...CanadaCoronavirus (COVID-19)Stringer LLP
ArticleProposed Amendments To The OHSA Put Corporate Officers And Directors On Notice And May Imperil Charter Protections For All DefendantsThe Ontario government has introduced the Working for Workers Act, 2022, which contains significant proposed changes to the Occupational Health and Safety Act. The legislation has passed first reading in the Ontario Legislature.CanadaCorporate/Commercial LawStringer LLP
ArticleCan An Employer Appeal An Inspector's Order To Produce Documents? Not If The Order Is Called A "Requirement"One of the more legally confusing aspects of the appeal regime under the Occupational Health and Safety Act ("OHSA") is the difference between a "order" and a "requirement" of a Ministry...CanadaEmployment and HRStringer LLP
ArticleThe Road Back: Safety And Employment Law Considerations For Re-Opening The WorkplaceThe Ontario economy is starting down the long path towards re-opening from the massive shutdown caused by COVID-19 pandemic. This unprecedented situation will create logistical...CanadaCoronavirus (COVID-19)Stringer LLP
ArticleMoving Forward: Coronavirus And The New NormalMost of Ontario's public health units are now well into Stage 3 of the Framework for Reopening our Province, which has helped more people safely get back to work and enjoy some everyday...CanadaCoronavirus (COVID-19)Stringer LLP
ArticlePersonal Emergency Leave – Your Questions AnsweredEmployers should seek legal advice if they are unsure about how the legislation applies to their circumstances.CanadaEmployment and HRStringer LLP
ArticleFine Line In The Sand – Applying The SCC, R. v. Sudbury, DecisionIn 2015, when the City of Sudbury (the "City") began a road construction project in its downtown, everybody knew that as the project "owner", the City was legally permitted...CanadaEmployment and HRStringer LLP
ArticleYes - Corporations DO Have RightsWe have written before on the groundbreaking decision of the Supreme Court of Canada in R v Jordan. In Jordan, the Supreme Court of Canada set hard caps on the time it takes to process a criminal...CanadaCorporate/Commercial LawStringer LLP
ArticleGloves Come Off: Sky High Damages In Human Rights CasesHuman Rights Tribunals across the country have been issuing damage awards which have raised the eyebrows of the employer community.CanadaEmployment and HRStringer LLP
ArticleThe Fine Line Between "Owner" And "Constructor" - Court Comments On The Legal Role Of An "Owner" On A Construction ProjectOne of the most complex issues under Ontario OH&S law relates to determining which party on a construction project is the "constructor" within the meaning of the OHSA. CanadaEmployment and HRStringer LLP
ArticleBill 148 Rollback AlertOntario's Conservative government has moved to repeal most of the changes to the province's employment and labour legislation made by the prior government's Bill 148.CanadaEmployment and HRStringer LLP
ArticleCourt Of Appeal Enforces Termination Clauses With “Any Time” And “For Any Reason” LanguageThe Ontario Court of Appeal has issued a landmark decision clarifying when termination clauses in employment contracts are enforceable, particularly addressing whether phrases like "at any time" or "for any reason" invalidate such provisions.CanadaEmployment and HRStringer LLP
ArticleCERB Is Over – Now What?On October 2, 2020, Federal Bill C-4, An Act relating to certain measures in response to COVID-19, received royal assent. CanadaCoronavirus (COVID-19)Stringer LLP