Supreme Court ruling confirms City of Sudbury’s liability as an ’employer’ in construction safety case, setting a precedent impacting developers’ responsibilities under Ontario’s Occupational Health and Safety Act (OHSA). Photo credit: The Canadian Press/Adrian Wyld   The Supreme Court of Canada (“SCC”) on November 10, 2023, released its decision in R. v. Greater Sudbury (City) […]

On the ongoing confidentiality obligations of former employees, NDAs, and more. Photo credit: Pexels/Sora Shimazaki   Many employers have trade secrets and other proprietary interests relating to commercially sensitive materials and information. Such information may include intellectual property rights like patents, copyrights, trademarks, and client and prospective client lists that they have significantly invested in.  […]

Photo credit: Pexels/Pixabay   The recent Ontario Court of Appeal (OCA) decision in Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal (OCA) (“Metro Freightliner”) extends the duty to mitigate their damages upon the early termination of a fixed-term agreement (i.e., take reasonable steps to reduce their damages by attempting to […]

A recent case out of Saskatchewan sheds first light on the question. Photo credit: CNN   A single emoji can have a variety of meanings, but we nonetheless use them to communicate – more often in our personal lives than our business lives. People have been using emojis and previously emoticons for more than 40 […]

At the end of June, it will be a criminal offence for employers to agree with one another to: (a) fix, maintain, decrease, or control wages or other terms of employment; and (b) enter agreements to not solicit or hire each other’s employees. Photo credit: Pexels/Mart Production   On June 23, 2022 significant amendments were […]

In a recent Ontario Court of Appeal decision, it was held that an employer cannot infer condonation or consent to a layoff from an employee’s mere silence during a nine-month period of inactive employment. Photo credit: Pexels/Andrea Piacquadio   If an employee does not immediately object to being laid off, does that mean that the […]

The recent appeal decision in Northern Air Charter (PR) Inc. v. Dunbar, 2023 out of Alberta is instructive. Photo credit: Northern Air    While not an Ontario case, the decision in Northern Air Charter (PR) Inc. v. Dunbar, 2023 ABKB 171, does carry some weight as it is an appeal decision. This case provides some […]

Over time, contracts entered into at the start of employment may not be worth the paper they are written on – whether due to changes in the law or fundamental expansions of an employee’s duties and responsibilities that trigger established legal doctrines. Photo credit: Pexels/Kampus Production   In response to the question posed by the […]

To read part one, click here. Photo credit: Pexels/Anna Shvets   On March 20, 2023, Bill 79, Working for Workers Act, 2023 (“Bill 79”) was tabled.   Bill 79, if passed, would provide further protections for remote employees under the Employment Standards Act, 2000 (“ESA”) and make changes to other employment related legislation such as the Occupational Health and Safety Act (“OHSA”). […]

To date it has been unclear for employers as to how to fit remote workers into the mass termination regime in light of the location-based definition of “establishment” under the ESA. This is because the term “establishment” under the ESA is defined as “a location at which the employer carries on business”. Photo credit: Pexels/Andrea […]