Articles 2019

The HRTO's decision in Presteve Foods should give employers pause to consider whether complaints of discrimination and harassment are being properly addressed.

A key component of a workplace investigation is frequently overlooked: communicating the results to the parties. Counsel can assist clients to reduce the risk of workplace violence, conflict escalation, grievances, and lawsuits arising out of an investigation and/or the underlying conflict by tailoring an appropriate approach to delivering investigation findings.

Much has been written about CityNews reporter Shauna Hunt’s exchange with a number of men outside of a Toronto FC game, during which some of the men hurled an extremely offensive, vulgar comment at Ms. Hunt. Was Hydro One’s response to the video justified?

A recent Superior Court case illustrates not just the live issues of privilege and how to ensure protection for your client with respect to Workplace Investigation documents, but also the importance of accurate and consistent communications to all parties, starting from the moment an external Investigator is retained.

A recent Ontario Superior Court decision in El Ashiri v. Pembroke Residence Ltd. has expanded the circumstances in which a director of a corporation may be liable for debts owed to employees or former employees of the corporation and the scope of that potential personal liability.

In the recent decision McIntosh vs. Legal Aid Ontario, the Ontario Superior Court confirmed that “it is now beyond question that Ontario law does recognize the right to bring a civil action for damages for the invasion of personal privacy.” The Court commented that it was necessary for individuals to have access to a remedy for violations of their privacy because of “the technological changes that have occurred over such a short period of time and in such a pervasive manner."

We are pleased to announce that Connie Reeve is the 2015 recipient of the OBA Randall Echlin Mentorship Award.

In this recent Ontario Small Claims Court decision on constructive dismissal and damages, the Court found sufficient facts to make an award of punitive damages.

A recent decision from the Ontario Superior Court of Justice proves how challenging just cause dismissals can be for employers. In this case, the Court found that an employee who punched a co-worker in the nose did not deserve the “capital punishment” in employment law – dismissal for cause.

Is “work” distinguishable from “employment”? The SCC recently answered in the affirmative – at least for one executive director. Stressing the duty of good faith and fair dealing, the Court held that a suspension with pay amounted to a constructive dismissal –sending shivers through every employer who levies an administrative suspension.