Tag: Ontario Superior Court of Justice

Court refuses to put the brakes on random drug and alcohol testing – for now

by Rachel Younan The Ontario Superior Court of Justice has declined to grant an injunction that would have suspended the Toronto Transit Commission’s (TTC) ability to implement its random drug and alcohol testing policy. In Amalgamated Transit Union, Local 113 v. Toronto Transit Commission, 2017 ONSC 2078, the court concluded that there was a serious […]

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‘I quit … oh wait, I didn’t mean it!’

by Stefan Kimpton Employers don’t often enough think about the consequences of a heat-of-the-moment resignation. It is generally assumed that when an employee says “I quit” or storms out of the workplace, the employment relationship has come to an end and the employer owes no further obligations to the employee. Think again. As a recent […]

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Going down the class-action Tran-Canada Highway

by Kyla Stott-Jess and Mitchell Barnard The phrase “class action lawsuit” can strike fear in the executive ranks of any large company. The development of class action law in in the employment context has been slower north of the 49th parallel than in the United States. Recently, though, a line of cases has been paving […]

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Ontario court finds government’s ‘intransigent’ bargaining strategy unconstitutional

by Chris Pigott In 2015, we reported on the Supreme Court of Canada’s “New Labour Trilogy”—three landmark constitutional law decisions from January 2015 that called into question basic aspects of Canadian labor law. Those decisions sparked a massive debate in the labor law community as to whether Canadian workers had a brand new set of […]

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Unfixing a fixed-term contract

by Eowynne Noble In a recent good-news decision, the Ontario Superior Court of Justice shed new light on how damages should be awarded if a fixed-term contract is terminated early and the termination provision is unenforceable.

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Termination clause as a ticking time bomb: Are courts in Ontario changing approach?

by Marc Rodrigue To the chagrin of many employers in Canada, the courts have made the drafting and enforcement of termination provisions in an employment contract challenging. In recent years, case law in Ontario has been particularly harsh in striking down termination provisions that may be contrary to the statutory provisions of the Ontario Employment […]

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A deal or not? Lack of release not necessarily trouble for employer

By Karen Sargeant You’ve terminated an employee’s employment without cause and offered a reasonable package. You’ve negotiated a settlement, prepared the settlement documentation, and paid out the severance. You thought you dotted all your i’s and crossed all your t’s, but you forgot one crucial part – the former employee never signed the release you […]

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Canada’s Rocky Economy Leads to Legal Refinements in Employment Benefit Law

By Bill Duvall As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided […]

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Did Employer’s Overtime Policy Create Unworkable ‘Catch-22’?

By Lorene Novakowski and Derek Knoechel As was noted in an earlier article here, the Ontario Superior Court of Justice recently certified a class action against the Bank of Nova Scotia (BNS). That lawsuit claims $300 million in unpaid overtime involving approximately 5,300 BNS sales staff: Fulawka v. Bank of Nova Scotia (Fulawka). Certification means […]

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Overtime Class Action Claims: The Second Wave?

By Sara Parchello Overtime class actions in Canada aren’t dead. If you thought that last year’s court decision refusing to certify the class action against one of Canada’s largest banks, CIBC, meant the death of such lawsuits in Canada, think again. These lawsuits — in which one or several employees act as a “representative plaintiff” […]

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