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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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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 […]
Rule Changes to Small Claims Court and Simplified Procedure in Ontario
/in Winter 2020 /by BirdRichardEffective 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 […]
Practical Limitations: How far must an Employer go in order to protect Workers under the Canada Labour Code?
/in Winter 2020 /by BirdRichardThe 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 […]
Standard of Review Clarified – Vavilov and the Supreme Court’s Decision
/in Winter 2020 /by BirdRichardThe long-awaited decision of Canada v. Vavilov, 2019 SCC 65 was recently released. The decision dealt with a case of a young man, born in Toronto, who had his citizenship put into question because he had Russian spies as parents. While it is an interesting case and certainly deserves a read, of more importance (depending […]
Employer Health Tax – Who is the Employer in a Tripartite Relationship?
/in Fall 2019 /by BirdRichardThe Court of Appeal has rendered a decision concerning the Employer Health Tax (“EHT”) and in particular, where an employee is hired through a Temporary Placement Agency, who is responsible for paying this tax. In the case of Azur Human Resources Ltd. v. Ontario (Minister of Revenue) the case dealt with an appeal by a […]