Koshman 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 […]
The 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 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 […]
In 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”), […]
The Supreme Court of Canada (SCC) recently denied leave to appeal in Battiston v. Microsoft Canada Inc., 2021 ONCA 727. The SCC decision reinforces an Ontario Court of Appeal decision which concluded that an employee’s consent through an internal e-consent process was a valid means of bringing an agreement, and in particular, termination provisions to the employee’s […]
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