When should I hire a third-party investigator?
You’ve received a harassment complaint by one of your employees and you think, who is going to investigate this? You might feel ill-equipped to deal with the process, perhaps you indirectly report to the respondent, you may have a desk full of urgent work and you cannot clear your schedule t…
View the post titled When should I hire a third-party investigator?Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisions
Our Ontario clients are aware that a Court of Appeal decision from 2020, Waksdale, prompted many employers to revise many of their employment contracts. Waksdale confirmed that if any provision of an employment agreement that is relevant to termination of employment violates the Employment S…
View the post titled Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisionsThe Ontario Court of Appeal weighs in on sexual harassment and just cause
Termination of employment for cause can seem like an unbelievably high bar for an employer to meet. Fortunately, the Ontario Court of Appeal has released two decisions in the last year that have upheld terminations for cause in circumstances involving sexual harassment and assault. Hucsko v.…
View the post titled The Ontario Court of Appeal weighs in on sexual harassment and just causeCan an employee’s involvement in the Freedom Convoy protests result in their termination of employment?
As we all know, life’s events are constantly being photographed, posted, tweeted, and shared. It seems that keeping our private lives private, has become less and less of a reality as the years go by. As a result, keeping a separation between employees “on-duty conduct” and “off-duty conduct…
View the post titled Can an employee’s involvement in the Freedom Convoy protests result in their termination of employment?Intervenor beware! – Brewers Retail v. Campbell
In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement …
View the post titled Intervenor beware! – Brewers Retail v. CampbellLiability in motor vehicle collisions—who is responsible to compensate the victim?
All motor vehicle injury lawsuits require careful analysis of two important concepts: 1) liability, and 2) damages. Liability is the state of legal of responsibility for which an at-fault person is accountable to an injury victim. Damages are the losses that a victim has or will suffer as a …
View the post titled Liability in motor vehicle collisions—who is responsible to compensate the victim?Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA
Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …
View the post titled Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESANot all privacy is worthy of protection: Stewart v Demme at the Divisional Court
In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…
View the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional CourtYes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?
In O’Brien v. Maxar Technologies Inc., Justice Akbarali declined to grant the plaintiffs’ motion for leave to proceed with claims under section 138.3(1) of the Ontario Securities Act (“OSA”), concluding that there was no reasonable possibility that the action would be resolved in favour of t…
View the post titled Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?My family member was injured… do I have a claim?
People are tragically injured or killed in motor vehicle accidents all too often. Often overlooked, however, is the way these losses directly affect the families of accident victims and their right to advance a claim under the Family Law Act in Ontario. This article explains who is eligible …
View the post titled My family member was injured… do I have a claim?Receive Blog Posts
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