Employment & Labour

Hawryliw brings business background to commercial litigation

Barrie commercial litigation and employment lawyer Scott Hawryliw wants to do law differently. Read more

New OCA decision on the enforceability of termination clauses

By Laura Williams . The Ontario Court of Appeal recently released a new decision on the enforceability of termination clauses that sheds light on the proper interpretation of employment agreements and the validity of “saving provisions.” In the context of employment agreements, saving provisions typically provide that the employee shall not receive less than their minimum statutory entitlements under the Employment Standards Act (the ESA ) in any circumstance, even if parts of the termination clause could be interpreted to suggest that the employee will receive less than their minimum ESA entitlements. Read more

OSC awards $100K punitive, $25K moral damages to president

By Barry B. Fisher . In this case , the judge awarded 19 months' notice to a 54-year-old president making $289,000/year with 11 years’ service. Read more

Is an employee entitled to their pre-leave job when they return?

By Stuart Rudner . Employers are often challenged with return-to-work cases. It can be difficult for employers to balance their right to a productive workplace with a worker’s fundamental right to equality. Read more

Employers infringe free expression at their peril

Employers should not concern themselves with the personal viewpoints of their workers, Toronto employment lawyer Kevin Marshall tells AdvocateDaily.com. Read more

New personal emergency leave rules create headaches for employers

Employers are entitled to be confused about Ontario’s new personal emergency leave (PEL) rules, Toronto employment lawyer and mediator Stuart Rudner tells AdvocateDaily.com . Read more

Unpaid internships create legal and PR risks for employers

Employers may be liable for Employment Standards Act (ESA) violations even if their summer interns agree to work for free, Toronto labour, employment and human rights lawyer Christopher Achkar tells AdvocateDaily.com Read more

Five questions to ask when hiring employment lawyers in Ontario

By Christopher Achkar . Selecting an employment lawyer can be a daunting task. There are quite a few out there these days but only a few with the know-how required to represent your interests in an effective manner. Read more

Axing 'work from home' agreement significant change to job terms

In today’s work culture where alternative arrangements and flexible hours are becoming increasingly common, revoking an employee’s ability to work from home may be considered a constructive dismissal, says Toronto employment lawyer and mediator Kumail Karimjee . Read more

Growing relationship between employment, LTD law

Recent case law around long-term disability (LTD) insurance highlights the growing intersection between employment and disability law principles, Barrie-area personal injury and employment lawyer Steve Rastin tells AdvocateDaily.com . Read more

Employers should review benefits plans after HRTO ruling: Rudner

Employers across Ontario should review their benefit plans in case they have to change them following a recent Ontario Human Rights Tribunal (HRTO) decision impacting workers age 65 and older, Toronto employment lawyer and mediator Stuart Rudner writes in The Lawyer’s Daily. Read more

Cannabis Act passes final hurdle, legalization date announced

By Laura Williams . On June 18, 2018, the Senate passed a finalized version of Federal Bill C-45, the Cannabis Act (the Act). The Act will become law upon receiving royal assent, which is expected to occur this week. In a press conference on June 20, 2018, Prime Minister Justin Trudeau announced that the Act will come into force on Oct. 17, 2018, four months after the Bill was passed. Although the federal government had previously announced that the Bill would come into effect much sooner after it became law, Prime Minister Trudeau explained that the delay was in response to a request from certain provinces for more time to prepare for legalization. Read more

Award for moral damages without medical evidence good news for workers

A judge’s decision to award a fired executive moral damages without requiring medical evidence is a boost for employees, Toronto employment lawyer Sean O’Donnell tells AdvocateDaily.com. Read more

SCC decision a victory for ‘zealous advocates’

A recent Supreme Court of Canada (SCC) ruling clarifies the boundary between what constitutes incivility in a courtroom and strong legal advocacy, Toronto employment lawyer Deborah Howden tells AdvocateDaily.com. Read more

Reviewing a severance package: what to expect

By Doug MacLeod . You have just been terminated. You have been given a week or so to accept a severance package but you don’t know if it is fair. That is where we come in. Read more