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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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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.
Are You Compliant with Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act?
/in Spring 2024 /by BirdRichardCanada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”), formerly known as Bill S-211, is the country’s new legislation intended to combat modern slavery. Enacted in 2023, this Act addresses the presence of forced and child labour in global supply chains, requiring companies to report the measures they have taken […]
Ontario Court Of Appeal Ruled Bill 124 Unconstitutional – Ontario English Catholic Teachers’ Association v. Ontario (Attorney General)
/in Spring 2024 /by BirdRichardIn 2019, the Ontario legislature passed Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act (“Bill 124”), which imposed a 1% cap per year on increases to salary rates and compensation for three years for employees in the broader public sector and was introduced by the Ontario government as a measure to […]
Electronic Monitoring of Employees
/in Spring 2024 /by BirdRichardIn today’s dynamic work landscape, businesses are continuously seeking innovative ways to optimize efficiency and productivity. Among the myriad of strategies, leveraging Artificial Intelligence (AI) has emerged as a powerful tool for tracking and monitoring employee performance. In 2022, the Ontario government amended the Ontario Employment Standards Act, 2000 (the “ESA”) to require employers that […]
The Importance of Comprehensive Employment Contracts and Workplace Policies – Boyer v. Callidus, 2024 ONSC 0020
/in Spring 2024 /by BirdRichardThe Ontario Superior Court of Justice’s decision in Boyer offers a cautionary tale to employers about the importance of drafting, documenting, and communicating workplace policies and employment contracts. Mr. Boyer worked for Callidus as a Vice President of underwriting and portfolio management from 2009 to 2016. Notably, Mr. Boyer’s employment agreement was oral. Around 2014, […]
TECHNOLOGY IN THE WORKPLACE
/in Uncategorized /by BirdRichardEmployer’s bad Faith Smear Campaign of Dismissed Employee Proves Costly
/in Winter 2024 /by BirdRichardKoshman v. Controlex Corporation, 2023 ONSC 7045 was a wrongful dismissal action which proceeded on a default basis. The Ontario Superior Court awarded a terminated employee over $570,000, including $100,000 in aggravated and punitive damages, after finding that the employer attempted to destroy the employee’s reputation. The plaintiff, Martin Koshman (“Koshman”), was employed with the […]
Ontario Employers may be Obligated to Remove the Requirement of “Canadian Work Experience” in their job Postings and Hiring Process
/in Winter 2024 /by BirdRichardThe Ontario government has proposed legislation, that if passed, intends to address the labour shortage issues in the province. The changes aim to remove barriers for internationally-trained immigrants by helping more qualified candidates progress in the interview process. Due to the long-standing practice in some regulated industries to require job applicants to have Canadian work […]
The Working for Workers Four Act, 2023, to Provide Greater Protections for Employees in the Restaurant, Service and Hospitality Industry
/in Winter 2024 /by BirdRichardThe Ontario government is introducing legislation, that if passed, would update the province’s Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). The proposed updates under the Working for Workers Four Act, 2023, (“Act”) are aimed at protecting employees in the restaurant, service and hospitality industries. According to studies, 1 in 20 diners left a […]
Ontario Superior Court Provides Guidance on the Interpretation of Arbitration Clauses in Employment Agreements
/in Winter 2024 /by BirdRichardIn Nohdomi v. Callidus Capital Corp., 2023 ONSC 4469, the Ontario Superior Court of Justice confirmed that an arbitration clause is invalid and unenforceable if it contracts out of the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). In this matter, the plaintiff employee, Daizo Nohdomi (“Nohdomi”), and his employer, Catalyst Capital Group Inc. (“Catalyst”), […]
Ontario Court of Appeal Upholds 30 Months’ Notice for Terminated Employee
/in Fall 2023 /by BirdRichardIn Lynch v. Avaya Canada Corporation, 2023 ONCA 696, the Ontario Court of Appeal found that 30-month notice period was an appropriate award for wrongful dismissal. The appellant, Avaya Canada Corporation (“Avaya”), terminated the employment of the respondent, John Lynch, a professional engineer due to a company restructuring. The respondent had worked for Avaya and […]