In the absence of an employment contract or a valid termination clause, a dismissed employee is entitled to termination pay at common law, which is significantly more generous than the…
Dependent Contractor Status Requires “Substantially More Than 50%” of Income Coming From One Client
A recent decision of the Ontario Court of Appeal provided some guidance on how economically dependent a contractor must be before they are afforded the same statutory and common law…
Workplace Investigations 101: Five Key Steps to Take in a Workplace Investigation
Book a consultation today and speak with one of our lawyers experienced in workplace investigations. By: Amelia Phillip In Ontario, an employer must ensure that an appropriate investigation is conducted…
SCC Denies WestJet Leave to Appeal – Sexual Harassment Class Action to Proceed in Civil Court
On July 18, 2019, the Supreme Court of Canada denied WestJet’s application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision not to strike a notice of…
Employee Stock Options – Proposed Changes to Preferential Tax Treatment
On June 17, 2019 Canadian Finance Minister Bill Morneau released draft legislation that proposes changes impacting the preferential tax treatment of employee stock options. The proposal seeks to impose a…
Facebook Job Ad Microtargeting: Getting the Right “Fit” Or Is This Discrimination?
By: Kimberly Smith Long gone are the days when job seekers flipped through the daily newspaper in search of their next gig. In the internet age, social media connects employers…
Natalie C. MacDonald was interviewed about dependent contractors in a recent article in Law Times:
“Dependent contractors are not generally recognized in Canadian employment standards legislation,” says MacDonald. “The provinces and territories are really failing to recognize this kind of category. The concept of the…
Mitigation Income May Not Affect the Outcome
By: Chris Justice When an employee claims damages for wrongful dismissal, they are typically required to do their very best in mitigating any damages relating to loss of income following…
When Employers Can Require an Independent Medical Examination as part of the Duty to Accommodate
In Bottiglia v Ottawa Catholic School Board, 2017 ONSC 2517 (CanLII), Marcello Bottiglia was Superintendent of Schools at the Ottawa Catholic School Board (OCSB). He had worked at the OCSB…
Good Faith and the Unfettered Right to Terminate – the Ontario Court of Appeal Got it Right
By Tara Vasdani
The Ontario Court of Appeal released its decision in Mohamed v. Information Systems Architects Inc., 2010 ONCA 248 on May 7, 2018. While some were quick to argue that an…