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Keeping Babies in Bathtubs – ONSC Maintains Termination Clause...

If an employment agreement contains one provision concerning the way by which one’s employer could terminate the agreement/employment with cause and a separate provision addressing the way by which the...

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CCLA Candidate Statement

Hi. My name is Sean Bawden and I am running for re-election as a trustee of the County of Carleton Law Association. I practice law as a member of the in-house legal department of Canopy Growth...

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Quit While You're Ahead and Leave the Numbers Out of It

Quit while you’re ahead and leave the numbers out of it. Those are the fundamental lessons from the decision of the Court of Appeal for Ontario in Rossman v. Canadian Solar Inc., 2019 ONCA 992...

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"It ain't over till it's over." - Yoga Berra's Profound Answer to Employment...

"It ain't over till it's over." According to a very quick Google search, the very height of what passes for research in 2020, Yogi Berra first uttered the phrase about baseball's 1973 National League...

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Employment Law Isn't Real

“Employment law isn’t real.” Mention to my father that to which I have dedicated my intellectual focus and professional pursuits and he will be quick to inform you that employment law is not a real...

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The Equities of Equities

Sometimes it simply does not matter what a contract says; the court will not give effect to it. Recently, this blog, and others like it, have devoted a considerable amount of attention to the subject...

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Dismissed Construction Employee Entitled to Reasonable Notice Despite...

Should courts void contractual termination provisions if such provisions have even the remote potential to, at some later point in time, violate the strictures of the Employment Standards Act, 2000...

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Refusing to Apologize for Inappropriate Comments Not Cause for Dismissal

Is refusing to apologize to a co-worker, after a company’s finding of your having made inappropriate comments to that co-worker cause for termination? Does it matter if, at the time the direction to...

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Dismissed “Vice President” Awarded Just Two Months Pay in Lieu of Notice –...

Is the title “Vice President” sufficient to move the needle in the calculation of reasonable notice? In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415 (CanLII), counsel for the dismissed...

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Failure to Follow Covid-19 Directions Cause for Termination

Is an employee’s failure (or blatant refusal) to follow an employer’s directions to protect public health – during a global pandemic – cause for termination of employment? In Garda Security Screening...

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Mandatory Covid Testing Reasonable Exercise of Management Rights

Is an employer policy requiring bi-weekly testing for COVID-19 a reasonable exercise of management rights, or is such a policy an unreasonable infringement on the workers’ rights? In Caressant Care...

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Top Three Cases of Importance to Ontario Employment Law - 2020 Edition

Twenty. Twenty. The year of 366 days, countless regulations and public health measures, myriad challenges and changes, but no Olympic games, and very few judicial decisions. Since 2012, I have posted...

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Infectious Disease Emergency Leave Does Not Oust Common Law Constructive...

Does Infectious Disease Emergency Leave under the Employment Standards Act, 2000, S.O. 2000, c.41 oust the common law of constructive dismissal or were employees ostensibly placed on leave actually...

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The Judicial Consideration of Porky Pig

I appreciate that I have not blogged very much in 2021. To say this year has been “busy” in the employment bar might be a touch of an understatement. However, it would appear that notwithstanding the...

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Employee’s Refusal to Work Not Wrongful Dismissal

If an employee leaves work and refuses to return until certain demands have been met, and if the employer is unwilling to meet those demands, has the employee been fired, has she quit, or what...

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COVID-19 and Reasonable Notice Calculations – The State of Affairs at the End...

It is the end of May 2021. The COVID-19 pandemic has been a reality for approximately 15 months in Ontario. The legal system has changed in ways seemingly unimaginable at the end of 2019: Appearances...

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CERB Proper Deduction against Wrongful Dismissal Damages: BCSC

Are amounts received under the Canada Emergency Response Benefit (“CERB”) a setoff against wrongful dismissal damages? It would appear that the answer to the question still depends on which judge you...

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Infectious Disease Emergency Leave *Does* Oust Common Law Constructive Dismissal

Does Infectious Disease Emergency Leave under the Employment Standards Act, 2000, S.O. 2000, c.41 oust the common law of constructive dismissal or were employees ostensibly placed on leave actually...

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Pointe Finale! Calculation of "Payroll" for Severance Purposes Not Limited to...

Section 64(1)(b) of the Ontario Employment Standards Act, 2000 requires an employer who severs an employment relationship with an employee to pay severance pay to the employee if: (a) the employee was...

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Court Awards Moral Damages for Employer’s Failure to Guarantee Minimum...

Does an employer’s failure to confirm that an employee will unconditionally receive their minimum statutory entitlements on termination, if that employee rejects the employer’s “without prejudice”...

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