Ontario Court Upholds Arbitration Clause in Employment Agreement
In the recent decision Leon v Dealnet Capital Corp [Leon], the Ontario Superior Court of Justice (the “Court”) enforced an arbitration clause in an employment agreement of a non-unionized employee (the “Agreement”), which effectively prevented the employee from pursuing claims against his former employer in court, despite that the clause arguably violated the Employment Standards […]
Ontario Government Enacts New OHSA Amendments
The Ontario government has passed new Regulations under the Occupational Health and Safety Act [OHSA] that are intended to consolidate and streamline reporting requirements in the event of a workplace death, injury, or occupational illness. O. Reg. 420/21: Notices and Reports under Sections 51 to 53.1 of the Act – Fatalities, Critical Injuries, Occupational Illnesses […]
Court of Appeal Confirms Employer Liability for Employee Injury Incurred Outside of the Course of Work
In the decision of Eynon v Simplicity Air Ltd [Eynon] the Ontario Court of Appeal (“ONCA”) upheld an award of punitive damages against an employer in the amount of $150,000,
Rules for Ontario Employers During Step 3 of Reopening Framework
On July 9, 2021, the Ontario government announced that the province will be moving in to Step 3, the final stage of its 3-step reopening framework, as of 12:01 AM on July 16, 2021.
Ontario Court Rules That an Employer’s Global Payroll Is Relevant to Severance Pay Obligations
The Ontario Divisional Court (the “Court”) has changed which employees will be entitled to severance pay. In the recent decision of Hawkes v Max Aicher (North America) Limited [Hawkes], the Court ruled that when calculating whether an employer owes a dismissed employee severance pay based on the employer’s payroll, this calculation must take into account […]
New Ontario Decision: IDEL Regulation Does Not Prevent Constructive Dismissal, CERB Payments Don’t Reduce Damages, and Employers Not Paying Statutory Termination Entitlements Justifies Punitive Damages
In the recent (and currently unreported) decision of Fogelman v IFG [Fogelman], the Ontario Superior Court of Justice (the “Court”) held that O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) does not prevent common law constructive dismissal claims, that CERB payments should not be deducted from […]
Rules for Ontario Employers During Step 2 of New Reopening Framework
On June 24, 2021, the Ontario government announced that the province will be moving in to Step 2 of its 3-step reopening framework as of 12:01 AM on June 30, 2021. As with Step 1, the new Step 2 rules were established under the newly amended O. Reg. 488/21: Rules for Areas in Stage 2 […]
Ontario Employee Found to Have Repudiated Her Contract With Employer
In the recent decision of Anderson v Total Instant Lawns Inc [Anderson], the Ontario Superior Court of Justice (the “Court”) ruled that an employee
Court Rules That Ontario Employer Repudiated Employment Agreement by Refusing to Comply With Termination Clause
A recent decision by the Ontario Superior Court of Justice (the “Court”) illustrates that employers can expose themselves to significant liability by failing to comply with termination clauses in employment agreements. In Perretta v Rand A Technology Corporation [Perretta], the Court awarded an employee pay in lieu of reasonable notice because it found that her […]
Ontario Enacts Additional Extension to the Temporary Rules for Layoffs and Constructive Dismissal
As of June 4, 2021, the Ontario Government has once again extended the period during which employers can temporarily lay off non-unionized employees for reasons related to COVID-19 without it being deemed a termination of employment under the Employment Standards Act, 2000 [ESA]. This development provides more time for Ontario employers who are struggling to […]