Entries by BirdRichard

Bird Richard Welcomes New Partner

Bird Richard is pleased to welcome our newest Partner, Russell MacCrimmon who joined the Firm on September 5, 2017. Since his call the Bar in 2002, Russell has provided legal advice and representation to employers. Russell advises employers on the day-to-day legal issues that impact a workplace. He represents employers on workplace issues such as […]

Small Business Satisfied Duty of Accommodation

Thunder Bay Orthopaedic (“TBO”) employed fewer than 10 employees, including two to three orthotic technicians. Darren Nason began his employment with TBO on May 10, 1993 as an orthotic technician. The employee developed carpel tunnel syndrome and by June 2010, he required accommodation. The co-owner testified that upon learning of the employee’s condition, he and […]

Dishonesty was Clear Ground for Dismissal

In Aboagye v Atomic Energy, the Court of Appeal for Ontario upheld a Superior Court of Justice decision which confirmed that the employee’s dishonest conduct justified his termination. Mr. Aboagye was hired by AECL as an Industrial Safety Specialist. He was terminated after just over six months’ service for a number of reasons, including that […]

Right to Service Animal is not Absolute

Employers are often faced with questions regarding the scope of their duty to accommodate persons with disabilities; either in the context of employing individuals or providing services. Recently, the Human Rights Tribunal of Ontario released its decision in J.F. v. Waterloo Catholic District School Board, 2017 HRTO 1121. In that decision, a pupil’s parent (“CF”) […]

Design of Public Space Standard Coming into Force on January 1, 2018 for Small Employers

On January 1, 2018, the design of public space standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) comes into force for private organizations with one to 49 employees (small organizations). As previously reported, for private organizations with 50 employees or more, these requirements came into effect on January 1, 2017. Small organizations […]

Risks of Fixed-Term Contracts and Independent Contractor Agreements

In Covenoho v Pendylum Ltd., the Court of Appeal for Ontario quashed a lower court decision upholding the without cause termination of an employee under a fixed-term contract, and awarded her damages for the remainder of the term. The employer, Pendylum Ltd., entered into a contract with the employee which stated that she was to […]

Legislative Updates

Further to last May’s final report of the Changing Workplaces Review, the provincial government has announced its intent to implement measures to modify employment standards, including: • Raising Ontario’s general minimum wage to $14 per hour on January 1, 2018, and to $15 on January 1, 2019, followed by annual increases at the rate of […]

McDonald’s Franchisee Loses on Appeal

In our summer 2016 issue, we discussed an appeal underway in Brake v PJ-M2R Restaurant Inc. The central issues were whether the Employer, a McDonald’s franchise, had cause to dismiss the Plaintiff, Ms. Brake, and whether her mitigation income ought to have been offset against her damages award. On May 23, 2017, the Court of […]