Labour & Employment

In a recent wrongful dismissal case, the Ontario Superior Court of Justice held that a potential violation of the Ontario Employment Standards Act, 2000 (the “ESA”), no matter how remote, will render a termination clause in an employment agreement void and unenforceable. In this case, the employee was a construction employee employed by Canaan since 2012. On November 10, […]

The Ontario government recently announced a made-in-Ontario Intellectual Property Action Plan to help ensure the tremendous social and economic benefits of taxpayer-funded research and innovation stays right here in the province. In addition, the government unveiled the second round of research projects approved and supported through the $20 million Ontario COVID-19 Rapid Research Fund. Through these

CHECKLIST – THE TERMINATION MEETING In most cases, the termination should be communicated in a meeting with the employee at which they are advised of the termination and the reasons for it, and are provided with a termination letter. Where the termination is for disciplinary reasons or for cause, ensure that the investigation is complete

PRE-TERMINATION CHECKLIST Terminating an employment relationship should not be decided upon without planning and consideration of potential obligations (and liability). Liability for reasonable notice, or pay in lieu of notice, must be considered.  Below is a checklist that will be helpful for you to review before a decision to terminate is made. This checklist will

THE HIRING PROCESS – DO’S AND DON’TS BEFORE THE INTERVIEW: DO: Create a uniform hiring process for all applicants: Draft interview questions in advance based on the essential duties and requirements of the position. Develop the “answers” and assess applicants based on these objective criteria. Ask all applicants the same questions. These measures guard against

Here are Jason’s and Calvin’s top 10 tips for hiring a new employee: [1]      SIGNED EMPLOYMENT AGREEMENT/OFFER: Before the employee starts any work: ensure you have the employee’s properly signed employment agreement or accepted offer of employment; ensure the employment agreement/offer addresses everything necessary, including for termination (with and without cause), leaves of absence, police record

Ultimately, employers do not need a reason to terminate an employee governed by Ontario law. They can do so “without cause” at any time, subject to the employee’s right to receive reasonable notice of termination, or pay in lieu of such notice. However, if an employer terminates an employee for cause, the employer may have

If you are terminated by your employer and: [1] firstly, there is no “just cause” for your termination; and [2] secondly, you do not have a written employment agreement or, if you do, there is no clause restricting you to only the statutory notice of termination required by the Employment Standards Act, 2000 of Ontario (the “ESA”) (or,

Ontario’s Court of Appeal, our highest provincial Court, recently released a very important decision affecting the enforceability of written employment agreements and employers’ efforts to limit reasonable notice to only the statutory minimums in Ontario, rather than the judge-made, common law extended entitlements. This case is favourable to employees who already have existing, written employment

Publishing online very personal or intimate information or images of another may be a very costly mistake. The Ontario Court is increasingly awarding significant damages against those who do so. For example, in a case called Jane Doe 464533 (the Plaintiff’s name cannot be disclosed), the Court ordered damages and costs totaling $141,000, plus an order for