After months of speculation and consultations, the Federal government announced in April their intention to legalize recreational marijuana use by July 1, 2018. While medical use of marijuana has been…
Bill 148: Rule Breakers Beware
On January 1, 2018, the most apparent change to the Employment Standards Act, 2000 (the “ESA”) brought about by Bill 148 was implemented: the minimum wage for most employees in…
Marijuana in the Workplace
If a historian were to ever wish, 30 or 40 years from now, to examine what kinds of cultural shifts and phenomena were taking place in 2017 Ontario workplace, human…
The Importance of the Offer to Settle
By David Master
According to the Ministry of the Attorney General, in Ontario, over 90% of all lawsuits settle before trial, the terms of which are usually confidential. In employment law, this number…
Termination during Probationary Period and OHL Players’ Class Action for Classification and Wages
By David Master
Nagribianko v. Select Wine Merchants Ltd: What are the implications of being dismissed during the probationary period? By David Master The “probationary period” is one of the most misunderstood concepts…
Bill 148 and The Tort of Harassment
Bill 148 Brings Big and Not So Big Changes to the Employment Standards Act, 2000 By Geoffrey Lowe In May the Changing Workplaces Review released its long-awaited Final Report, the…
The Supreme Court’s Pronouncement On Mental Injury: Implications for moral damages in employment law
By Cody Yorke
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…
Overtime Pay in Ontario – the Surprising Bare Truths: Part 2
Can An Employee Be Forced to Work Overtime? In accordance with s. 17(1) of the ESA, the maximum number of hours an employee can work in one week is 48…
Overtime Pay in Ontario – the Surprising Bare Truths: Part 1
The concept of overtime pay conjures up many misconceptions for both employers and employees. Based on our experience, the two biggest misconceptions appear to be which employees qualify for overtime…
Contractors and Unintentional Termination
By David Master
Sondhi v. Deloitte: Are document reviewers employees or independent contractors? While the issue of classification, or misclassification, of a worker is not new, the debate continues to heat up in…