Employment & Labour

Summary judgment: fast tracking your wrongful dismissal lawsuit

By Bram Lecker and Kimberley Sebag. As the old saying goes, the wheels of justice turn slowly. This has never rung truer than it does right now. Ontario’s overtaxed court system provides cold comfort to people seeking timely and cost-effective settlements for their grievances. As a law firm that primarily represents employees, our clients often find themselves in court against Goliath-like employers with very deep pockets. Our plodded legal system puts them at a disadvantage because time is money for the legal profession. That is why, in 1985, we attempted to use an alternative court procedure, known as summary judgment, for a wrongful dismissal lawsuit. It ended up paving the way for fast-tracking employment lawsuits. Read more

Both sides seeing benefits is key to mediation: Rudner

Helping both parties see the benefits of mediation is integral to reaching a settlement, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com. Read more

Cannabis-related human rights claims on the horizon

Toronto employment lawyer Doug MacLeod tells Law Times it’s likely the courts will see more human rights challenges related to claims an employer failed to accommodate marijuana addiction issues or cannabis use disorder, which is a recognized disability. Read more

Finding suitable workplace accommodation is a two-way street

By Laura Williams . Employers in Ontario are increasingly receiving accommodation requests based on employees’ childcare obligations. Many employees have children and other relatives who require care or who have special needs that need to be attended to. Read more

A new twist on resolving employment disputes

Using an expedited process of mediation and arbitration is trimming time and money from the typically drawn-out process of settling disputes between employers and fired employees, says Toronto mediator and employment lawyer Peter Israel. Read more

Landmark moral damages decision continues to make waves

Almost a year on from a landmark ruling on moral and punitive damages, the reverberations continue to be felt, Toronto employment lawyer Natalie MacDonald tells AdvocateDaily.com. Read more

Uncertainty over termination clauses breeds employment litigation

Contradictory case law over the enforceability of termination clauses makes them one of the most-litigated parts of the employment contract, Toronto employment lawyer Christopher Achkar tells AdvocateDaily.com. Read more

Court clarifies law on employee’s right to rescind resignation

A recent Ontario Superior Court decision involving a woman who provided her employer with written notice of retirement only to rescind it a month later offers overdue clarity on the law of employee resignation, Toronto civil litigator Bruce Baron tells AdvocateDaily.com . Read more

MacLeod Law Firm adds new associate

Toronto employment lawyer Doug MacLeod tells AdvocateDaily.com that an increase in the firm’s caseload and a growing clientele has made it necessary for him to hire a new associate. Read more

Moreau files class action against TV production company

A $45-million lawsuit has been launched against the production company that makes a number of popular TV programs — including Property Brothers — alleging wages and other benefits were unpaid to hundreds of contract production workers. Read CBC , CTV , Global Read more

An employee is not entitled to retract an accepted resignation

By Laura Williams . For employees who resign from their positions and whose resignation is accepted, the decision is final. In this case , the Ontario Superior Court of Justice considered the case of an employee who resigned from her position when she learned that her employer planned to move its customer information to a new computer system. Read more

A benefit of working past 65: employee benefits must continue

By Doug MacLeod . A recent human rights decision may result in Ontario employers paying higher premiums for group employee benefit plans. Read more

Karimjee to co-chair LSO's 19th annual Employment Law Summit

On Oct. 30 , Toronto employment lawyer and mediator Kumail Karimjee will co-chair the Law Society of Ontario’s Employment Law Summit. Read more

Court of Appeal clarifies the law surrounding mass terminations

By Laura Williams . In a recent case , the Ontario Court of Appeal clarified an employer’s obligations under the Employment Standards Act, 2000 (the ESA) when engaging in mass terminations. In this case, the employer terminated over 50 employees at one of its facilities as a result of plans to relocate manufacturing operations elsewhere. The 74 employees who did not sign documents releasing the employer of any obligations related to their employment commenced a class action proceeding seeking additional pay in lieu of common law notice. Read more

Human Rights Commission releases updated policy before pot legalization

Ontario's Human Rights Commission is trying to adopt a balanced approach to protecting the rights of both employers and employees in regard to marijuana use in the workplace, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com . Read more