Tag: Canadian employment law


Canadian Companies Beware: Class Action Worker Misclassification Lawsuits Trending Up

It appears there is a movement in Ontario to change behavior around the classification of employees as independent contractors. Beginning in 2015, a number of class action lawsuits were launched alleging misclassification and claiming significant monetary liability.

Ontario government proceeding with review of its labor and employment laws

by Marc Rodrigue In February, the province of Ontario appointed the Honorable John C. Murray, a former judge of the Ontario Superior Court of Justice and management-side labor lawyer, and C. Michael Mitchell, a former union-side labor lawyer, as special advisers tasked with reviewing both the Ontario Employment Standards Act, 2000 (ESA) and the Ontario […]

Junior Employees Owe Duty of Good Faith, Too

By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]

What’s Reasonable Notice for Short Service Employees?

By Derek Knoechel and Lindsey Taylor One of the principle features of Canadian employment law that strikes many U.S. employers as unique is the concept of an employee’s common law right to reasonable notice of termination when an employee is fired without cause. Compliance with the minimum statutory requirements for notice, termination pay, and/or severance […]

Ontario Court Rules Class Action Not Allowed for Overtime Claim

By Alix Herber and Ian Campbell One of the hottest issues in Canadian employment law in the past two years has been overtime class-action claims. As we outlined in our October 7, 2008, entry, 2007 saw three overtime class-action lawsuits a $651 million class-action lawsuit filed against the Canadian Imperial Bank of Commerce (CIBC), followed […]

Northern Exposure now with Fasken Martineau

by Brian Smeenk Just as Americans are considering how much change will occur in the context of the current election season, lots of change is happening north of the 49th parallel in the labor and employment field. Not the least of which, from the perspective of this publication, is a change in law firm affiliation. […]

Welcome to Northern Exposure

Welcome to the introductory issue of Northern Exposure. This new e-zine and blog highlights important developments in Canadian labor and employment law and will be of special interest to companies with operations in Canada. In addition to news articles, the blog and e-zine will include practical Employer’s Tips and Q&As to help you better understand […]