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BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
DISCLAIMER
Before you send an e-mail to Bird Richard, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.
AI in the Workplace
/in Winter 2026 /by BirdRichardArtificial intelligence (AI) is rapidly transforming how workplaces operate in Ontario. AI tools are radically changing how employers make decisions regarding recruitment, performance management, and workplace investigations. It is vital that moving forward, Ontario employers understand both the legal and practical implications, and risks of AI in the workplace. Under common law, employers owe a […]
Employee Bound to Settlement Agreement
/in Winter 2026 /by BirdRichardIn Johnstone v. Loblaw, 2025 ONSC 4755, an Ontario court ruled that an employee’s acceptance of a severance package via email created a binding settlement, despite having attempted to renegotiate after his housing purchase fell through following termination. The employee, who had worked for the employer for seven years, had relocated from Winnipeg to Ottawa […]
Updated Employer Obligations for Mass Terminations
/in Winter 2026 /by BirdRichardOntario strengthened their employer obligations for mass terminations under the Employment Standards Act, 2000 (the “ESA”). In addition to existing requirements relating to mass terminations, employers must provide a new Employer Ontario Career Support information sheet to employees terminated as part of a mass termination. A mass termination is deemed to have occurred where an […]
New Leaves for Employees under the Canada Labour Code
/in Winter 2026 /by BirdRichardAs of December 12, 2025, the Canada Labour Code (the “Code”) radically expanded federally regulated employees’ leave rights, while placing additional administrative and compliance responsibilities on their employers. Federally regulated employees are now entitled to: New Pregnancy Loss Leave: an employee’s pregnancy, or the pregnancy of their spouse or common-law partner, does not result […]
New Ontario Job Posting Requirements in Force
/in Winter 2026 /by BirdRichardOn January 1, 2026, Ontario implemented sweeping new changes to public job posting requirements under the Ontario Employment Standards Act, 2000 (the “ESA”). Heralded by the Ministry of Labour as an initiative to promote transparency and fairness for job seekers, the impact on employers is an additional administrative burden in the hiring process. Employers with […]
Short Service Executives – Long Common Law Notice Periods
/in Fall 2025 /by BirdRichardForget about one month of notice per year of service for short-service employees. There is trend in employment law of generous notice period awards for short-service employees that were previous reserved for those with longer tenures. The upwards tick in notice periods is most apparent for short-service executives, due to their specialized knowledge, limited availability […]
Fixed-Term Employment Contracts and the Enforceability of Termination Clauses
/in Fall 2025 /by BirdRichardThe Manitoba case Hebert v. Colin’s Mechanical Service Ltd., 2025 MBKB 87 considered the amount of pay in lieu of notice an employee is entitled to, per the termination clause of his employment agreement. In 2021, George Hebert entered into a share purchase agreement with Colin’s Mechanical Service Ltd. for his electrical contracting business. […]
Ontario Superior Court Upholds Termination Clause Utilizing “sole discretion” and “at any time” Language
/in Fall 2025 /by BirdRichardSeveral recent decisions out of the Ontario courts have sparked controversy surrounding the enforceability of termination clauses that include the wording “sole discretion” and “at any time.” In Dufault v. Ignace (Township), 2024 ONSC 1029 (“Dufault”), the court held that “sole discretion” and “at any time” language in a termination clause breached the Employment […]
Termination Clauses – Cautionary Tale of Ambiguity and a Missing Comma
/in Fall 2025 /by BirdRichardThe recent decision of Brocklehurst v. Micco Companies Limited, 2025 NSSC 192, from the Nova Scotia Supreme Court, serves as an important reminder for employers to use clear and unambiguous language in termination clauses. Termination clauses are a crucial component of a contract within the employment relationship as it outlines what entitlements the employee […]
Federal Court of Appeal Upholds Drug and Alcohol Testing for Nuclear Industry Workers
/in Summer 2025 /by BirdRichardIn Power Workers’ Union v. Canada (Attorney General), 2024 FCA 182, the Federal Court of Appeal (FCA) upheld the constitutionality and reasonableness of pre-placement and random alcohol and drug testing for safety-critical workers in the nuclear sector. This ruling affirms that legislatures can impose such testing requirements within safety-sensitive industries. The Canadian Nuclear Safety Commission […]