Employer Beware: Repudiation of Contract Findings on the Rise

In the case of Perretta v. Rand A Technology Corp. [2021] O.J. No. 1486, the employee filed a summary judgment motion seeking $26,907 in damages for wrongful dismissal. She was a sales representative of the company, and her base salary was $46,500. The employer terminated the employee’s employment without cause on March 31, 2020. The […]

Does the COVID-19 Pandemic Impact Reasonable Notice for Employees?

In the recent decision of Kraft v. Firepower Financial Corp., 2021, ONSC 4926, an employee was terminated by the employer without cause. He sued for pay in lieu of notice, commissions, bonuses, holiday and vacation pay. The employee was a specialized commissioned salesperson working in the investment field and focused on mergers and acquisitions. He […]

Divisional Court Overturns Decision by HRTO Allowing Discrimination Claim on the Basis of Permanent Residence

The recently released decision of Imperial Oil Ltd. v Haseeb, [2021] O.J. No. 2998 from the Divisional Court of Ontario, judicially reviewed the decision of the Human Rights Tribunal of Ontario (HRTO), which determined that an individual could claim direct discrimination based on permanent residency. As part of its recruitment program, Imperial Oil decided only […]

Infectious Disease Emergency Leave and Worker Income Protection Benefits Extended

On September 16, 2021, the Ontario government announced that it would extend the temporary measures found in O. Reg 228/20 Infectious Disease Emergency Leave (IDEL). The extension is to end on January 1, 2022.  The government has also extended Ontario’s Worker Income Protection Benefit (“WIPB”) which provides employees with up to 3 days of paid […]

Ontario Superior Court distinguishes Swegon

As many of our readers are aware, since the decision in Waksdale v. Swegon North America, where the Ontario Court of Appeal determined that because a just cause termination provision provided a lower threshold than the Ontario Employment Standards Act, 2000, that the entire termination clauses were void including without cause provisions, employers have been […]