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When a Resignation Becomes Wrongful Dismissal

A recent decision of the Ontario Court of Appeal provides an important reminder, that often an employee’s resignation from employment is not as clear in law as it at first…

Disability Leave & Frustration of Contract: When do the Two Intersect?

Disability leaves happen and the reality is that they are difficult to manage, both for employees and employers. Unfortunately, communication often breaks down in these situations and it then becomes…

Employers Must Consider Foreign Workers for Employment

A recent case of the Ontario Human Rights Tribunal (OHRT) serves as a cautionary note to employers with respect to the hiring of foreign workers. Specifically, the OHRT makes it clear…

Are Longer Notice Periods for Terminated Employees Becoming More Common?

Employees in Canada who have their employment terminated are entitled to be provided with either notice of the termination of their employment or compensation in place of notice which will…

Tougher Laws Relating to Impaired Driving to Permanent Residents and Foreign Workers

Starting on December 18, 2018, Canada significantly increased the penalties associated with a conviction of impaired driving. The Criminal Code of Canada has specifically been amended to include significantly harsher…

Think you know how a court will decide a case based on the language of a contract? Don’t be so sure!

There are often circumstances where you look at a contract and it’s tempting to be confident as to how a court will decide a case.  For example, employees may be…

Work for a federally regulated employer? Changes are coming to your employment

Employees in Canada are either “provincial” or “federal” when it comes to employment rights. What this means is that your employment is essentially governed either by the province in which…

Courts Review When Suspension of Employee is Not Acceptable

The Ontario Court of Appeal has provided a useful decision on the topic of when an employee can be suspended without triggering a termination of employment.  The case, Filice v Complex…

Employers Can Pay a Heavy Price for What they Say in Interviews

A lot is said in an interview, and sometimes it can come back to bite an employer. A recent decision of the British Columbia Court of Appeal shows the potential…