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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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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 […]
The Enforceability of Termination Clauses and the Waiver of Common Law Notice
/in Fall 2019 /by BirdRichardOn May 5, 2019, the Ontario Court of Appeal released the Ariss v. NORR Limited Architects & Engineers decision. The majority decision from the Court of Appeal is an important decision for employers regarding the enforceability of termination clause in employment agreements. In 2002, NORR acquired the company that employed Mr. Ariss and continued his […]
Dependant Contractors – More than 50% of Income
/in Fall 2019 /by BirdRichardA dependent contractor is a status that is essentially a middle ground between an employee and an independent contractor. Where a court has determined that the individual does not fall into the category of employee, the court will undertake a test to determine whether the worker is either a dependent contractor or an independent contractor. […]
Bonus Payments – When is an Employee Entitled to a Bonus Payment during a Notice Period?
/in Fall 2019 /by BirdRichardIn Dawe v. Equitable Life Insurance Co. of Canada, the Court of Appeal recently reviewed the circumstances when an employee may be entitled to a bonus payment during a notice period. The case involved an employee (“Mr. Dawe”) who had worked for Equitable Life Insurance as a Senior Vice President. Mr. Dawe’s employment was terminated […]
Ontario Government Places Restrictions on Wage Increases
/in Summer 2019 /by BirdRichardOn June 5, 2019, the Ontario government introduced Bill 124 – the Protecting Sustainable Public Sector for Future Generations Act, 2019 – which imposes restrictions on wage increases and compensation for a variety of unionized and non-unionized workers in Ontario over the next 3 years. The Bill establishes a series of 3-year “modernization periods” depending […]