On June 26, 2020, the Supreme Court of Canada rendered a landmark decision which has opened up the door for an enormous class action lawsuit by Uber drivers for minimum wage. To become an Uber driver, individuals were required accept a standard services agreement which provided that they were independent contractors and that any dispute […]
Bird Richard is centrally located in Ottawa and serves clients nationally. Our clients range from large Crown Corporations with national operations to small local construction firms. We also provide services to corporations in Alberta, in the Northwest Territories and in Nunavut.
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COVID-19 has resulted in a flurry of changes to legislation throughout Ontario and Canada. In order to stay on top of the changes, we have provided a summary of the changes to Ontario and the Federal legislation below: Ontario Ontario modified the Employment Standards Act, 2000 (“ESA”), by implementing the Emergency Leave: Declared Emergencies and […]
The Ontario Court of Appeal has ruled that another termination clause in an employment contract is unenforceable. In Waksdale v. Swegon North America Inc., the Court was asked to determine the legal impact of an illegal termination for cause provision on an otherwise enforceable termination without cause provision. The Employer admitted that the “with cause” […]
Many businesses have been forced to shut down due to Ontario’s Emergency Management and Civil Protection Act, which is an emergency declaration that has been extended until June 2, 2020. These are uncertain times and the fact is that the pandemic may have significant, lasting and permanent impacts on business. In particular, the impact of […]
In the decision Ontario Nurses Association v. Eatonville/Henley Place, 2020 ONSC 2467 released on April 22, 2020, the Ontario Superior Court of Justice considered an urgent application by the Ontario Nurses Association (ONA) seeking injunctive relief on behalf of nurses working at various long term care (LTC) homes. ONA claimed that these facilities were engaged […]
A key principle of the workers’ compensation regime in Ontario is that in exchange for insurance coverage in the event of an injury that arises at the workplace, injured workers are not entitled to sue his or her employer. In particular, section 26 of the Workplace Safety and Insurance Act, 1997 (WSIA) states that entitlement […]
A recent decision from the Ontario Court of Appeal, O’Reilly v. IMAX Corp., considered whether a wrongfully dismissed employee is entitled to exercise stock options, receive bonuses or other aspects of a compensation package, such as profit-sharing, during a reasonable notice period. This case dealt with an employee who had been employed for 22 years […]
During our spring newsletter last year, we noted that the Court of Appeal of Ontario had decided in Heller v. Uber Technologies Inc.,  O.J. No. 1, that the arbitration clause found in the independent contractors’ agreements was void if the contractors were considered to be employees. The reasoning from the Court of Appeal was […]
Effective January 1, 2020, the monetary jurisdiction of Small Claims Court has increased from $25,000 to $35,000. This is an important change for employment law as many wrongful dismissal cases will fall within this jurisdiction. Small Claims Court has streamlined procedures and often moves significantly faster than other levels of the Court. In addition, the […]
The Supreme Court of Canada recently heard the appeal of Canada Post Corp. v. Canadian Union of Postal Workers 2019 SCC 67 dealing with section 125(1)(z.12) of the Canada Labour Code. Section 125(1)(z.12) of the Canada Labour Code requires that the work place committee or the health and safety representative inspects all or part of […]
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