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BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
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Employer Considerations for Employees Working from Home
/in Fall 2020 /by BirdRichardAs a result of COVID-19, employers are increasingly offering employees the opportunity to work from home. As many employers have recognized, at-home work is likely a necessity given the realities of COVID-19. Even after the pandemic has passed, it is likely that Canadian workplaces are forever changed as a result. As such, we have outlined […]
Superior Court says Layoff permissible based on Verbal Agreement, not Constructive Dismissal
/in Fall 2020 /by BirdRichardThere is a line of authority that says an employer cannot lay off an employee without a clear contractual right to do so (express or implied) and that in the absence of that contractual right, the imposition of a layoff (including a temporary layoff as permissible under the Ontario Employment Standards Act, 2000) constitutes constructive […]
Supreme Court of Canada allows Uber Driver Class Action for Minimum Wage
/in Summer 2020 /by BirdRichardOn 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 […]
COVID-19: A Summary of Legislated Changes Related to the Emergency
/in Summer 2020 /by BirdRichardCOVID-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 […]
Ontario Court of Appeal Terminates another Termination Clause
/in Summer 2020 /by BirdRichardThe 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” […]
Could the COVID-19 Pandemic Result in a Frustration of Contract?
/in Spring 2020 /by BirdRichardMany 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 […]
Employer Ordered to Provide Personal Protective Equipment (PPE) to Employees
/in Spring 2020 /by BirdRichardIn 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 […]
Right to sue for Constructive Dismissal caused by Harassment taken away by Workplace Safety and Insurance Tribunal
/in Spring 2020 /by BirdRichardA 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 […]
Limiting Language for Bonus and Stock Option Clauses – The Court of Appeal weighs in
/in Winter 2020 /by BirdRichardA 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 […]
Supreme Court of Canada to decide on Uber Appeal – Is an Arbitration Clause Unenforceable in an Employment Agreement?
/in Winter 2020 /by BirdRichardDuring our spring newsletter last year, we noted that the Court of Appeal of Ontario had decided in Heller v. Uber Technologies Inc., [2019] 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 […]