In 2014, the Supreme Court of Canada considered whether a partnership agreement constituted protected “employment” pursuant to the British Columbia Human Rights Code in McCormick v Fasken Martineau DuMoulin LLP. The Supreme Court ruled that a partnership was not “employment” and dismissed the case. On March 28, 2017, the Supreme Court will once again have […]
In Bovin et al v Over the Rainbow Packaging Services Inc., 2017 ONSC 1143, the Superior Court of Justice sent a clear warning to employers who employ bad faith tactics aimed at forcing employees to quit. Ms. Bovin and Ms. Sidhu began their employment with the Defendant, a packaging company, in 1997. Ms. Bovin was […]
In Ben Saad v 1544982 Ontario Inc., the Human Rights Tribunal of Ontario determined the termination of Ben Saad, the employee, was discriminatory on the basis of his disability. Mr. Saad and three Tunisian friends came to Canada in June of 2014 on a work permit to work as welders for Windsor Management, the […]
The Federal Budget, released on March 22, 2017, proposes to change the current Employment Insurance (EI) parental benefits regime to allow parents to choose between: an extended period of EI parental benefits of up to 18 months at a lower benefit rate of 33 per cent of average weekly earnings; or to remain at the […]
In Ontario Public Service Employees Union v. Ontario (Children and Youth Services), the Divisional Court upheld the decision of the Ontario Grievance Board. The Board held that the employer had not breached its duty to accommodate the employee’s disability when it terminated his employment on the ground of innocent absenteeism. Mr. Bartolotta, who worked as […]
In Morison v. Ergo-Industrial Seating Systems Inc., the Ontario Superior Court found not only that the Plaintiff was wrongfully dismissed, but that the employer had made allegations of just cause with no reasonable support in order to improve its negotiation position. The Plaintiff was a 58-year old regional manager of who had been in the […]
On May 17, 2016, Bill C 16 – An Act to amend the Canadian Human Rights Act and the Criminal Code passed first reading in the Senate. The federal Bill proposes amendments to the Canadian Human Rights Act, which seeks to extend equal opportunities in employment and provision of services, without hindrance from discriminatory practices […]
In Dupuis v. Canada (Attorney General), the Federal Court granted the Application for Judicial Review of a Canadian Human Right’s decision to dismiss the employee’s complaint alleging discrimination on the basis of disability. Mr. Dupuis was employed in the Public Service of Canada since 1988. For the first few years of his employment with Statistics […]
In Ballim v. Bausch & Lomb Canada Inc., the Ontario Superior Court of Justice determined that Samina Ballim was wrongfully dismissed by her employer, Bausch and Lomb Canada Inc., on the basis that she was terminated before the expiration of the term of her fixed-term contract of employment. Ms. Ballim discussed the possibility of employment […]
In Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal found that a clause that appeared to be a non-solicitation clause was, in practice, a non-competition clause. The clause at issue provided as follows: The [personal respondent] agrees that in the event of termination or resignation that she will not solicit or accept business […]