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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 rules that Uber Arbitration Clause is Unconscionable
/in Spring 2019 /by BirdRichardIn the recent decision, Heller v. Uber Technologies Inc., [2019] O.J. No. 1, the Court of Appeal decided on whether an arbitration clause in the services agreement provided to Uber drivers is enforceable under Ontario law. The claim in Heller is a proposed class action against Uber alleging that Uber drivers should be categorized as […]
Employee not Entitled to Rescind Notice of Resignation after Acceptance by Employer
/in Winter 2019 /by BirdRichardIn English v. Manulife Financial Corporation, the Ontario Court of Appeal considered whether an employee who has resigned from her employment by written notice was entitled to rescind the notice of resignation after it had been accepted by the employer. The employee worked for Manulife (previously Standard Life) for 10 years. She was a Senior […]
Employee did not fail to Mitigate Despite Retirement and Rejection of Reasonable job Offer
/in Winter 2019 /by BirdRichardIn Dussault v. Imperial Oil Ltd., the Ontario Superior Court of Justice held that two employees who had worked for Imperial for more than 39 years and 36 years respectively were entitled to 26 months’ notice of termination. Both employees participated in a defined benefit pension plan. The employees, who both worked in Imperial’s retail […]
Claim for Sexual Assault and Harassment Statute Barred
/in Winter 2019 /by BirdRichardAs of January 1, 2018, important policy changes were implemented to workers’ compensation in Ontario which provided for entitlements relating to claims for workplace harassment, including sexual harassment. As a result, employees with workers’ compensation coverage can pursue benefits arising from mental stress that is caused by workplace harassment. At the same time, employees who […]
Bill C-86 Receives Royal Assent – Changes Canada Labour Code and New Pay Equity Act
/in Winter 2019 /by BirdRichardBill C-86 Receives Royal Assent – Changes Canada Labour Code and New Pay Equity Act On December 13, 2018, Bill C-86 received Royal Assent resulting in many changes to the Canada Labour Code and creation of a new Pay Equity Act. Many of the changes will be implemented on September 1, 2019. Others changes will […]
Sexual Harassment in the Workplace and Employment Releases in Ontario
/in Fall 2018 /by BirdRichardA recent case from the Ontario Superior Court of Justice, Watson v. Governing Council of the Salvation Army of Canada, will significantly alter the way settlements and releases ought to be structured involving employees who have experienced sexual harassment in the workplace. The employee worked for the Salvation Army as a manager from April 2011 […]
Non-Solicitation Clauses – Update for Employers
/in Fall 2018 /by BirdRichardIn the recent decision of the Ontario Court of Appeal, MD Physician Services Inc. v. Wisniewski, the Court upheld the decision of the lower court on the enforceability of the non-solicitation clause. The case involved two employees who were hired by MD Management Ltd. (“MDM”), a wholly owned subsidiary of MD Physician Services Inc., to […]
Employer Requirement of Permanent Residency held to be Discriminatory
/in Fall 2018 /by BirdRichardIn the decision of Haseeb v. Imperial Oil Ltd., the Human Rights Tribunal of Ontario determined that an employer discriminated against a prospective employee because it required the ability to work in Canada on a “permanent basis” (citizenship or permanent residency) as a condition of employment. The applicant was an international engineering student at McGill […]
Employee on Sick Leave Entitled to Salary During Notice Period
/in Fall 2018 /by BirdRichardIn a recent case from the Divisional Court, McLeod v. 1274458, the Court recently upheld the Superior Court’s decision on the issue of whether an employer is entitled to give working notice (rather than pay in lieu of notice) to an employee who is incapable of working for medical reasons. The case involved an employee […]
The Duty of Good Faith and Independent Contractors
/in Summer 2018 /by BirdRichardIn a recent case from the Ontario Court of Appeal, Mohamed v. Information Systems Architects Inc., an independent contractor was awarded damages for the full term of his contract (six months). This was the case even though the consulting agreement contained a termination provision indicating that the contractor could be terminated at any time at […]