Consultations with the Ministry of Labour

The Changing Workplaces Review The MOL has launched public consultations on the changing nature of the modern workplace. The Changing Workplaces Review will consider the broader issues affecting the workplace and assess how the current labour and employment law framework addresses these trends and issues with a focus on the Labour Relations Act (LRA) and […]

Employer to Pay Reasonable Notice due to “Ambiguous” Termination Clause

Recently, in Howard v. Benson Group, the Ontario Superior Court of Justice determined that a termination clause was ambiguous and therefore unenforceable. Consequently the Employer had an obligation to provide reasonable notice at common law as opposed to the minimum statutory requirements under the Employment Standards Act, 2000 as amended (“ESA”). The Employee was a […]

Fit As A Fiddle?: Employer Entitlements to Medical Information

In Western Grain By-Products Storage Ltd. v. Donaldson, the Federal Court of Appeal decided that employers are entitled to more detailed medical information to establish an employee’s fitness to work after an absence of six months or longer. Peter J. Donaldson had been employed by Western Grain By-Products Storage Ltd. (“Western Grain”) for about 20 […]

Human Rights Application Withdrawn on First Day of Hearing Warrants Sanctions

In Drummond v. Community Living Ajax Pickering Whitby, (“Drummond”), the Human Rights Tribunal of Ontario (the “Tribunal”) barred the Employee from filing any future applications against the Employer and declared the Application unsubstantiated. In Drummond, an Employee filed an Application alleging discrimination with respect to employment because of disability and reprisal contrary to the Human […]

Beware the Dependent Contractor: Court Awards 26 Months’ Notice

In the case of Keenan v. Canac Kitchens, the Ontario Superior Court of Justice reminds employers of the factors to be considered in discerning whether an independent contractor agreement or relationship is actually not an employee relationship… or something else. Lawrence Keenan worked for Canac from 1976 to 2009. Mr. Keenan’s wife worked for Canac […]