The Supreme Court of Canada’s decision in Saadati v. Moorhead [1] is making waves in the personal injury bar for its ruling that a plaintiff alleging a mental injury is not…
Bill 26 Proposes Statutorily-protected Domestic and Sexual Violence Leave
By Cody Yorke
The Ontario provincial government continues its recognition of the impact of domestic violence on the workplace with Bill 26, which proposes amendments to the Employment Standards Act, 2000 (ESA) and…
The Ins and Outs of Vacations in Ontario
By Cody Yorke
With the winter holidays fast-approaching, as well as the end of the year, we thought it would be a good time to address issues surrounding employee vacations and statutory holidays….
Understanding Adverse Effect Discrimination
By Cody Yorke
Indirect discrimination, also called adverse effect discrimination, is less obvious than direct discrimination but is equally a breach of human rights legislation. In George v. Accertaclaim, a recent decision from…
Twenty-six months of severance for a Dependent Contractor???
By Cody Yorke
Since the Ontario Court of Appeal’s decision in McKee v. Reid Heritage Homes in 2009, the category of workers deemed “dependent contractors”, as opposed to either employees or independent contractors,…
Reinstatement: Now the default for OHSA Reprisal
By Cody Yorke
In November, I posted about the Occupational Health and Safety Act (“OHSA”) exception to the general rule that reinstatement is not a remedy available to non-unionized employees. Around the same…
Damages for Workplace Sexual Harassment on the Rise
By Cody Yorke
A recent decision by one of the Ontario Superior Court’s newest judges shows an encouraging trend towards higher awards for workplace sexual harassment and sexual assault. Damages In Silvera v….
Reinstatement – The OHSA Reprisal Exception
By Cody Yorke
When people lose their jobs, one of the first questions they ask is “can I get my job back?” Generally, the answer is no. There are some exceptions, however. One…