Publications
Departing Canadian Employees: Non-Solicit Clauses Still Can Bite
A recent decision from the Alberta provides a wake up call to departing employees, and offers businesses some hope that properly drafted non-solicitation provisions can and will be enforced to address improper conduct.
Canadian Employee Non-Disclosure Agreement: Soon to be Outlawed?
The B.C. provincial legislature has recently seen the introduction of Bill M 215, which has the stated purpose of restricting the use of NDAs relating to discrimination, harassment or allegations of discrimination and harassment.
Human trafficking: Canadian court confirms statutory tort applies to temporary foreign workers
Statutory claims may be available in human trafficking cases, including those involving labour brokers where the worker can establish exploitation.
Outgrowing Canadian Employment Contracts: Beware the Changed Substratum
A recent decision from the Ontario Court of Appeal has held that an employment contract may no longer be valid even in cases where the employee did not receive a formal promotion.
“Manner Of Dismissal”: The Risks of Ill-Conceived Employer Hardball
There is a core requirement for employers to be honest with employees and to unconditionally honour statutory obligations. Employers who fail to follow such a process do so very much at their peril.
Canadian Competition Guidance: Wage-Fixing and No-Poach Agreements
Canada’s Competition Bureau recently published its draft guidance to provide greater clarity on criminal prohibitions in the national Competition Act which are scheduled to come into force on June 23, 2023.
Ontario Private Corporations: Now Subject to Transparency Register Obligations
Effective January 1, 2023, significant amendment to the Ontario Business Corporation Act (the “OBCA”) come into force and will require many private corporations to maintain a Transparency Register.
Mitigation in Canadian Employment Law: Just Claiming It Not Enough
A recent decision of the Ontario Court of Appeal confirms the possibility of reduction of damages claim based on mitigation, provided that there is actual evidence that employee has not taken reasonable steps to finding a new job.
Punitive Damages: Canadian Employers Beware!
A recent Ontario court decision that awarded punitive and moral damages in Pohl v. Hudson’s Bay Company, 2022 ONSC 5230 highlights the importance for employers to have a proper process for dealing with terminations.
Fixed-Term Contracts: Canadian Employers Beware
A recent Ontario Superior Court of Justice decision provides a stark lesson for employers using fixed-term or time-limited employment agreements.
Canadian Workplace Privacy Rights: Reinforced by Ontario Court of Appeal
The Canadian Charter of Rights and Freedoms can have substantial implications in reinforcing privacy of Canadian employees. A recent decision highlights the importance of developing, implementing and administering rules and policies regarding technology used by employees.
Canadian Covid-19 Policies: Refusal To Comply May Justify Termination
A challenging issue that employers have faced during the pandemic is how to deal with cases of employees who voluntarily refuse to comply with employer health and safety rules and the related policies which organizations have adopted in response to the pandemic.
Ontario Employers: Prepare for Employee Monitoring Rules effective October 2022
Ontario’s provincial government announced new legislation which will require employers to provide information on whether the employer electronically monitors its workers.
Canadian Contractors – Dependent or Independent?
Helpful insights into the distinctions between those who are dependent vs. independent contractors
Ontario’s “Wilful Misconduct”: Difficult for Employers to Prove
The requirements to prove “wilful misconduct” have been clarified in a recent decision from the Ontario Court of Appeal
Canadian Employee Secondments: Not “Temporary” Employment Agreements
Employees who are seconded are not able to “double collect” damages for both the termination of the secondment and the termination of the underlying employment relations.
Ontario Gig Workers: $15 Minimum Wage and Other “Employee-Like” Rules Coming Soon
Some of the concepts set out in these new rules have been supported by key platform economy companies, including Uber.
Ontario Non-Compete Agreements: “Not Dead Yet!”
A recent Ontario court decision confirms, however, that the Act does not affect relevant agreements entered into prior to October 25, 2021.
Canadian Employment Law Class Actions: Potential Pandemic Claim Certified
The use of class actions for Canada employment law claims has traditionally been considered to be a tool used more in theory than in practice. Aa recent decision from the British Columbia Supreme Court, which granted a certification order to a group of employees who have lost work during the pandemic.
Sick Pay For Self-Isolating Canadian Employees: Is It Required?
The COVID-19 pandemic has raised a host of novel issues, and one of the more challenging questions is whether or not an employer is required to continue to pay employees who are forced to self-isolate and are thus prevented from attending at work due to what are arguably circumstances beyond their control.