Employers Not Liable for Tort of Negligent Investigation – But… – Jeffrey Murray and Jeremy Schwartz
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Jurisdictional disputes in employment contracts
In this electronic age, many employers will make offers of employment via email. When the offer is being made to…
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Registration now Open for our 26th Annual Employers’ Conference
Don’t Miss our 26th Annual Employers’ Conference, Labour & Employment Law Update 2012. Register Early! Topics Include: A Terminated Employee’s…
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Does a COVID Leave Trigger Constructive Dismissal? Even Courts are Coming to Opposite Conclusions
By Jeremy Schwartz and Haadi Malik In April, the Ontario Superior Court of Justice ruled in Coutinho v Ocular Health Centre…
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Court Precludes Terminated Employee from Relying on Employer’s Apology
In April of 2009, a little known law called the Apology Act (the “Act”) entered into force. A very short act, it primarily…
17 Sep 2015
Generous termination clauses: Think twice before making promises
Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination…
28 Apr 2017
Terra Firma No More: Supreme Court Changes the Ground Rules on Contracts
By: Jeremy D. Schwartz and Frank B. Portman The recent Supreme Court decision in Sattva Capital Corp v Creston Moly Corp …
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Adjudicator Upholds Termination for Breach of Employer’s Technology Policy
As technology becomes more ubiquitous in the workplace, the importance of having proper policies and discipline to govern the use…
07 May 2015
CERB is over – Now What?
By: Jeremy Schwartz and Daniel Gaspar On October 2, 2020, Federal Bill C-4, An Act relating to certain measures in response…
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Ambiguity Killed the Termination Clause
The Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity….
20 Nov 2017
Will this Ever End? Managing Return to Work in the Fourth Wave
Even as the world grapples with variants and what appears to be the fourth wave of the COVID-19 pandemic, employers…
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Court Rules that Rejected Separation Packages are to Remain Confidential
It is common practice for employers to offer departing employees, who are being terminated without cause, a separation package in…
05 Sep 2017
When Can a Terminated Employee Reject an Offer of Re-Employment?
By: Landon Young and Jessica Young Does a terminated employee have a duty to accept an offer of re-employment after termination? This issue…
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Register Now for our 27th Annual Employers’ Conference, Labour & Employment Law Update 2013
Don’t Miss our 27th Annual Employers’ Conference: Labour & Employment Law Update 2013. Space is limited. Register Early! Topics Include:…
20 Aug 2013
The Only Good News here is for Lawyers – COVID Leave Triggers Constructive Dismissal
By Jeremy Schwartz The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was “deemed”…
11 May 2021