Entries by BirdRichard

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 […]

Divisional Court sets aside an Award of Aggravated Damages

In Walker v Hulse, Playfair and McGarry, 2017 ONSC 358, the Ontario Divisional Court set aside an award of aggravated damages stemming from a wrongful dismissal lawsuit brought in the Small Claims Court. In December 23, 2013, the Plaintiff was suspended with pay while the employer, a local funeral home, conducted an investigation into inappropriate […]